Criminal Law Keyed to Johnson
People v. Decina
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
Decina (Defendant) suffered an epileptic attack while driving which caused his vehicle to travel at a high rate of speed, jump a curb, and strike four individuals, killing them. Defendant was charged with, and convicted of, “criminal negligence in the operation of a vehicle resulting in death.” Defendant appealed, claiming the trial court erred in overruling his demurrer to the indictment and allowing the admission of incompetent testimony. The court of appeals held that the demurrer was properly overruled, but reversed and remanded to the trial court for a new trial on the second issue. Defendant and the prosecution appealed to the Court of Appeals of New York.
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