PEOPLE v. MICHELINE


154 A.D.2d 624 (1989)

The People of the State of New York, Respondent, v. Michael Micheline, Appellant

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

October 23, 1989


Ordered that the judgment is affirmed.

This appeal arises from an incident in which the defendant, who had been drinking, drove a van through a red light and struck a pedestrian. The defendant argues that he cannot be convicted of both assault in the second degree, which involves recklessness, and vehicular assault in the second degree, which involves negligence, because these crimes involve inconsistent mental states. The record reveals, however, that the defendant...

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