Majority
p. 960The People of the State of New York, Respondent, v Dwayne Johnson, Appellant. [668 NYS2d 136]
—Judgment unanimously affirmed. Memorandum: We reject the contention that the verdict finding defendant guilty of criminally negligent homicide (Penal Law § 125.10) is contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). The sentence imposed is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, McCarthy, J.—Criminal Negligent Homicide, 3rd Degree.) Present—Green, J. P., Law-ton, Wisner, Balio and Boehm, JJ.
Cases cited
- People v. Bleakley 69 NY2d 490 at 495 p. 960