PEOPLE v. HOLT


109 A.D.2d 174 (1985)

The People of the State of New York, Respondent, v. David R. Holt, Appellant

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

July 12, 1985


Attorney(s) appearing for the Case

Richard H. Speranza (Thomas Brandt of counsel), for appellant.

Peter L. Broderick, District Attorney (Shavasp Hanesian of counsel), for respondent.

DILLON, P. J., CALLAHAN, DOERR and BOOMER, JJ., concur.


SCHNEPP, J.

Although driving while intoxicated may constitute a gross deviation from the standard of care that a reasonable person would observe, such conduct must be the cause of death of another person in order to establish prima facie proof of criminally negligent homicide. It is the People's claim that defendant was grossly negligent in operating a vehicle while intoxicated during adverse weather conditions and that on this proof alone the jury could...

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