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PEOPLE v. McGRANTHAM

12 N.Y.3d 892 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES McGRANTHAM, Appellant.

Court of Appeals of New York.

Decided June 25, 2009.

Attorney(s) appearing for the Case

Frankie & Gentile, P.C., Mineola (Joseph A. Gentile of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Rhea A. Grob of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by dismissing the count of the indictment charging defendant with criminally negligent homicide; and, as so modified, affirmed.

There was evidence before the grand jury that, in the early morning hours of March 29, 2006, defendant was driving eastbound on Cropsey Avenue in Brooklyn and intended to enter the westbound lanes of the Belt Parkway. Defendant, who...

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