PEOPLE v. LOWE, 88 N.Y.2d 1035 (1996)

651 N.Y.S.2d 11, 673 N.E.2d 1238

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DONALD LOWE, Respondent.

Court of Appeals of the State of New York.Argued September 4, 1996
Decided October 10, 1996

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, George D. Covington, J.

Page 1036

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 1037

Robert T. Johnson, District Attorney of Bronx County, Bron (Lisa Ellen Mudd and Billie Manning of counsel), for appellant.

Elizabeth B. Emmons, New York City, and Daniel L. Greenberg
for respondent.

Order, insofar as appealed from, affirmed. We agree with the majority at the Appellate Division (214 A.D.2d 1) that there was insufficient evidence to sustain the conviction for criminally negligent homicide.

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.