PEOPLE v. FITZGERALD


70 A.D.2d 955 (1979)

The People of the State of New York, Appellant, v. Michael Fitzgerald, Respondent

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

June 25, 1979


Order reversed insofar as appealed from, on the law, and, upon reargument, said counts of the indictment are reinstated.

According to the evidence before the Grand Jury, the two victims were struck by an automobile driven northbound by the defendant on Pleasantville Road while they were walking along the right-hand side of the northbound lane of that road. Although it was nighttime, the street was lit and visibility was good. Defendant, by his own admissions, had...

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