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PEOPLE v. DaCOSTA

6 N.Y.3d 181 (2006)

844 N.E.2d 762

811 N.Y.S.2d 308

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASTESFA M. DaCOSTA, Appellant.

Court of Appeals of the State of New York.

Decided February 16, 2006.

Attorney(s) appearing for the Case

Richard L. Baumgarten, Buffalo, for appellant.

Frank J. Clark, District Attorney, Buffalo (Steven Meyer and J. Michael Marion of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

While being chased by a police officer, defendant scaled a tall fence and ran across a major highway during morning rush-hour traffic. The officer followed, but was struck and killed by a vehicle when he fell from the fence into oncoming traffic. The issue in this case is whether the evidence presented at trial was legally sufficient to support defendant's conviction for manslaughter in the second degree. We conclude that...

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