Adjudication unanimously modified on the law, defendant's conviction for criminally negligent homicide vacated, and that count of the indictment dismissed, and as modified affirmed, in accordance with the following memorandum:
The evidence at trial was legally insufficient to sustain the trial court's finding that defendant was guilty of criminally negligent homicide (Penal Law § 125.10). The only proof of negligence in this case is that defendant was driving...
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