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PEOPLE v. CABAN

No. 42

14 N.Y.3d 369 (2010)

927 N.E.2d 1050

901 N.Y.S.2d 566

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LYNETTE CABAN, Respondent.

Court of Appeals of New York.

Decided April 1, 2010.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Marc Krupnick and Mark Dwyer of counsel), for appellant.

Legal Aid Society, Criminal Appeals Bureau, New York City ( Frances A. Gallagher and Steven Banks of counsel), for respondent.

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

OPINION OF THE COURT

SMITH, J.

Defendant, while backing her car, hit and killed a pedestrian. At the time of that event, defendant's license to drive had been suspended, because of an earlier incident with some noticeable similarities to the later, fatal one. Defendant was convicted of criminally negligent homicide, after a trial in which the trial court admitted into evidence the fact of her license suspension...

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