Judgment unanimously reversed, on the law, and indictment dismissed.
Memorandum:
The issue is whether the evidence was sufficient to sustain the trial court's finding that defendant was guilty of criminally negligent homicide (Penal Law § 125.10). At approximately 9:30 P.M., defendant's car left a rural road, struck a utility pole and flipped over. Two passengers died as a result of the accident. There were no traffic signs or caution lights in the vicinity...
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