PEOPLE v. SCALZO


176 A.D.2d 363 (1991)

The People of the State of New York, Respondent, v. Thomas Scalzo, Appellant

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

September 30, 1991


Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The various crimes with which the defendant was charged arose from a fatal motor vehicle accident involving his car and one driven by Kathryn McCarty, as a result of which McCarty was seriously injured and her fiance and only passenger was killed. Because both the defendant and Ms. McCarty smelled of alcohol at the time they were observed...

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