New York Court of Appeals
The People of the State of New York v. Patrick Maher
April 7, 199279 N.Y.2d 978
Summary
The Court affirmed the conviction for driving while impaired but vacated the criminally negligent homicide convictions, holding that the evidence supported those convictions yet the jury should have been instructed on a justification defense under Penal Law § 35.05(2). The Court ordered a new trial on the homicide counts.