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People v. Blair

The People of the State of New York v. Alton Blair

People v. Blair, 33 A.D.2d 1100 (1970)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
February 19, 1970
Citations
33 A.D.2d 1100308 N.Y.S.2d 2421970 N.Y. App. Div. LEXIS 5488

Opinion of the Court

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Judgment unanimously reversed on the law and facts and indictment dismissed. Memorandum: The only proof of negligence in this ease was that the accident happened on defendant’s wrong side of the road. The only testimony on intoxication was that a Deputy Sheriff smelled alcohol on defendant’s breath at the accident scene, but at no time was there any suggestion that defendant be arrested, nor was defendant requested to take a blood-alcohol test. There was no proof that defendant was not mentally and physically in full possession of his faculties. The only testimony on speed was that of the deceased’s wife who said the defendant’s ear was coming toward them fast. She made that observation at night while riding in a ear which was traveling 30 to 35 miles per hour, when the defendant was 500 feet away. The proof in this case failed to measure up to the standards of culpable negligence as defined in section 15.05 of the Penal Law. (Appeal from judgment of Onondaga Supreme Court, convicting defendant of criminally negligent homicide.) Present — Goldman, P. J., Marsh, Gabrielli, Moule and Bastow, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1986: 11989: 119862026peak 1986 · 1

Relies on it most ⓘ

  1. People v. Perry123 A.D.2d 492 (1986)
  2. People v. Lasch152 A.D.2d 983 (1989)

Most recent

  1. People v. Lasch152 A.D.2d 983 (1989)
  2. People v. Perry123 A.D.2d 492 (1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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