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PEOPLE v. BAST

19 N.Y.2d 813 (1967)

The People of the State of New York, Respondent, v. Elton Kenneth Bast, Appellant.

Court of Appeals of the State of New York.

Decided April 13, 1967.

Attorney(s) appearing for the Case

John V. Aylward for appellant.

William J. McClusky, District Attorney, for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

MEMORANDUM.

The judgment of the Appellate Division should be modified by reversing the conviction of criminal negligence pursuant to section 1053-a of the Penal Law and dismissing that count of the indictment. Proof of intoxication alone is not enough to sustain a conviction of criminal negligence. The People must also prove that the defendant's intoxication affected his physical...

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