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STATE v. NESTERIAK

(AC 20262)

60 Conn. App. 647 (2000)

STATE OF CONNECTICUT v. STEPHEN NESTERIAK

Appellate Court of Connecticut.

Officially released November 7, 2000.

Attorney(s) appearing for the Case

Dominick J. Thomas, Jr., for the appellant (defendant).

Robin S. Schwartz, special deputy assistant state's attorney, with whom, on the brief, were Mary M. Galvin, state's attorney, Francis J. McQuade, supervisory assistant state's attorney, and John Kerwin, assistant state's attorney, for the appellee (state).

Landau, Pellegrino and Peters, JS.

Opinion

PETERS, J.

This case arises out of the operation of an emergency vehicle by the defendant, Stephen Nesteriak, an assistant fire chief, on his way to the site of a fire emergency. En route, the defendant drove the emergency vehicle with its emergency lights on and its siren in use. The dispositive issue is whether, without a finding that the defendant was driving at an unsafe speed or recklessly, he can be held criminally liable pursuant to...

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