New York Court of Appeals
People v. Cabrera
May 1, 200810 N.Y.3d 370
Summary
The Court of Appeals reversed Brett Cabrera's convictions for criminally negligent homicide and third‑degree assault, holding that the evidence showed only a failure to perceive risk and not the additional blameworthy conduct required for criminal negligence. The Court declined to address the alleged erroneous jury instructions because the convictions were vacated.