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PEOPLE v. SMITH

570801/17.

62 Misc.3d 12 (2018)

90 N.Y.S.3d 800

2018 NY Slip Op 28380

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENEEN SMITH, Appellant.

Supreme Court, Appellate Term, First Department.

Decided December 7, 2018.

Attorney(s) appearing for the Case

Law Offices of David Clifford Holland, P.C., New York City ( David C. Holland of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Samuel Z. Goldfine of counsel), for respondent.

OPINION OF THE COURT

Judgment of conviction, rendered May 24, 2017, reversed on the law and the facts, and the accusatory instrument is dismissed.

Pursuant to the defendant's request, and over the People's objection, Criminal Court utilized the criminal negligence mens rea with respect to the charged offenses of failure to...

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