Majority
p. 395The People of the State of New York, Respondent, v David LaFantana, Appellant. [716 NYS2d 882]
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered April 27, 1999, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the People failed to establish beyond a reasonable doubt that he acted with the requisite culpable mental state to support a conviction of criminally negligent homicide. Viewing the evidence adduced at trial in
p. 396
the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to support the conviction. While operating a vehicle at excessive speed is not in itself sufficient to prove criminal negligence (see, People v Paris, 138 AD2d 534 ), the People proved that the defendant’s actions were a gross deviation from the ordinary standard of care (see, People v Ricardo B., 73 NY2d 228 ; People v Soto, 44 NY2d 683 ; see generally, People v Senisi, 196 AD2d 376 ). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). O’Brien, J. P., Thompson, S. Miller and Feuerstein, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 396
- People v. Paris 138 AD2d 534 p. 396
- People v. Ricardo B. 73 NY2d 228 p. 396
- People v. Senisi 196 AD2d 376 p. 396