PEOPLE v. MAHER


79 N.Y.2d 978 (1992)

The People of the State of New York, Respondent, v. Patrick Maher, Appellant.

Court of Appeals of the State of New York.

Decided April 7, 1992.


Attorney(s) appearing for the Case

Patrick M. Wall and Oren Root, Jr., for appellant.

Robert M. Morgenthau, District Attorney (Ann E. Ryan and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be modified by vacating defendant's conviction for criminally negligent homicide and ordering a new trial as to those counts, and otherwise affirmed.

At 4:20 on a Saturday morning, after consuming alcohol, defendant was involved in a minor traffic accident on a New York City street. According to defendant, the driver of the second vehicle became belligerent when...

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