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PEOPLE v. JORGENSEN

No. 179.

26 N.Y.3d 85 (2015)

41 N.E.3d 778

19 N.Y.S.3d 814

2015 NY Slip Op 07699

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JENNIFER JORGENSEN, Appellant.

Court of Appeals of New York.

Decided October 22, 2015.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York City ( Richard E. Mischel of counsel), for appellant.

Thomas J. Spota , District Attorney, Riverhead ( Karla Lato of counsel), for respondent.

Lynn M. Paltrow , National Advocates for Pregnant Women, New York City ( Farah Diaz-Tello of counsel), for National Advocates for Pregnant Women and others, amici curiae.

Chief Judge LIPPMAN and Judges RIVERA, ABDUS-SALAAM and STEIN concur; Judge FAHEY dissents and votes to affirm in an opinion.

OPINION OF THE COURT

On May 30, 2008, defendant, driving eastbound on Whiskey Road in Suffolk County, entered the westbound lane and struck the vehicle of Robert and Mary Kelly head on, killing them both. At the time of the collision, defendant was 34 weeks' pregnant. She was taken to a local hospital where, due to signs of...

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