PEOPLE v. SMITH

5188

29 Misc.3d 1043 (2010)

907 N.Y.S.2d 639

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL M. SMITH, Defendant.

County Court, Essex County.

Decided September 13, 2010.


Attorney(s) appearing for the Case

Joseph R. Brennan , Queensbury, for defendant.

Kristy L. Sprague , District Attorney, Elizabethtown ( Michael P. Langey , of counsel), for plaintiff.


OPINION OF THE COURT

RICHARD B. MEYER, J.

Motion by the defendant pursuant to CPL 330.30 to set aside the jury verdict rendered at trial on May 25, 2010 convicting him of criminally negligent homicide (Penal Law § 125.10), a class E felony. Specifically, the defendant asserts, as a matter of law, that the trial evidence was not legally sufficient to establish the defendant's guilt beyond a reasonable...

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