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PEOPLE v. GOODWIN

49 A.D.2d 53 (1975)

The People of the State of New York, Respondent, v. David James Goodwin, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 24, 1975

Attorney(s) appearing for the Case

Robert L. Miller for appellant.

D. Bruce Crew, III, District Attorney (Richard L. Parker of counsel), for respondent.

HERLIHY, P. J., LARKIN and REYNOLDS, JJ., concur with MAIN, J.; GREENBLOTT, J., dissents and votes to reverse in an opinion.

MAIN, J.

This is an appeal from a judgment of the County Court of Chemung County, rendered November 2, 1973, upon a verdict convicting defendant of the crime of criminally negligent homicide, a class E felony, in violation of section 125.10 of the Penal Law and sentencing him to an indeterminate term of imprisonment not to exceed four years in the custody of the State Department of Correction.

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