New York Court of Appeals

The People of the State of New York v. Daniel P. Boutin

April 5, 199075 N.Y.2d 692

Summary

The New York Court of Appeals reversed Daniel P. Boutin's conviction for criminally negligent homicide, holding that a mere failure to see a stopped vehicle, without any blameworthy risk‑creating conduct, does not satisfy the statutory elements of criminal negligence. The indictment was dismissed.