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Criminal Law Keyed to LaFave
People v. Decina
Citation:
2 N.Y.2d 133 (1956)
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
On March 26, 1955, Mario Decina was driving his automobile in Brooklyn when he suffered an epileptic seizure, causing him to lose control of his vehicle. His car mounted a sidewalk and struck a group of children, killing four of them. Decina had been diagnosed with epilepsy three years prior and had experienced three or four seizures in the months preceding the accident. He was aware of his condition and the risk it posed while driving. The prosecution alleged that Decina’s decision to drive despite knowing he had a condition that could cause him to lose consciousness constituted criminal negligence under New York law, as he consciously disregarded a substantial risk to others.
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