PEOPLE v. BEITER


77 A.D.2d 214 (1980)

The People of the State of New York, Respondent, v. Diane Beiter, Appellant

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

November 13, 1980


Attorney(s) appearing for the Case

Edward J. Nowak (William Pixley of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Kevin Moore of counsel), for respondent.

CARDAMONE, J. P., CALLAHAN and MOULE, JJ. concur with SIMONS, J.; HANCOCK, JR., J., dissents in an opinion.


SIMONS, J.

The issue on this appeal is the sufficiency of the People's evidence to sustain the jury's finding that defendant was guilty of criminal negligence in causing the death of David A. Schifano in a motor vehicle accident (Penal Law, § 125.10).

The accident happened at about 2:00 A.M. on December 4, 1977. Defendant had been working the previous evening as a waitress in the Country House Restaurant...

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