The question presented is to what extent must the ultimate cause of death be foreseeable before a person may be charged with criminally negligent homicide (Penal Law, § 125.10), and what quality of evidence of foreseeability is legally sufficient to sustain a charge of criminal negligence. (CPL 210.20, subd 1, par [b]; 70.10, subd 1.) The facts presented before the Grand Jury are that the defendant (approximately 30 years of...
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