PEOPLE v. BOUTIN


75 N.Y.2d 692 (1990)

The People of the State of New York, Respondent, v. Daniel P. Boutin, Appellant.

Court of Appeals of the State of New York.

Decided April 5, 1990.


Attorney(s) appearing for the Case

David H. Pentkowski for appellant.

David A. Wait, District Attorney, for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.


HANCOCK, JR., J.

The unexplained failure of a driver to see the vehicle with which he subsequently collided does not, without more, support a conviction for the felony of criminally negligent homicide. Here, because the evidence of defendant's conduct proved only that he did not see the vehicle ahead, the conviction should be reversed and the indictment dismissed.

On the night of November 26, 1985, defendant...

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