PEOPLE v. SOTO


44 N.Y.2d 683 (1978)

The People of the State of New York, Respondent, v. Francisco Soto, Appellant.

Court of Appeals of the State of New York.

Decided March 28, 1978.


Attorney(s) appearing for the Case

Gary G. Mund and Walter Mund for appellant.

John J. Santucci, District Attorney (A. Brent Blacksburg of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed. The testimony at trial clearly established that defendant was driving at an excessive rate of speed on a moderately traveled metropolitan street, while engaged in a "drag race" with another vehicle. Defendant's car smashed into and over the victim's vehicle which was stopped at a traffic signal, destroying that car and killing its driver. This evidence unquestionably...

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