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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 403 (N.Y. App. Div. 1995)

Opinion

July 6, 1995

Appeal from the Supreme Court, New York County (Joan Carey, J.).


Defendant, an unlicensed driver, was driving an unregistered and uninsured car in Brooklyn, and was being followed by a police car. Defendant attempted to elude the police by driving across the Williamsburg Bridge at a high rate of speed, and then driving at speeds estimated as between 80 and 100 miles per hour through at least ten red lights on Delancey Street, whereupon his car smashed into another occupied by two nurse's aides, and a sanitation truck, severely injuring three people. Even though traffic was light during the early morning hour and the street dry and well lit, we hold that the evidence was legally sufficient to sustain the jury's finding that under circumstances evincing a depraved indifference to human life, defendant recklessly engaged in conduct that created a grave risk of death to another person ( see, People v. Gomez, 65 N.Y.2d 9; cf., People v. France, 57 A.D.2d 432).

Since the several assaults and the reckless endangerment convictions arose from a single act, the sentences must run concurrently (Penal Law § 70.25).

We have considered defendant's other contentions and find them to be without merit.

Concur — Murphy, P.J., Rubin, Ross, Asch and Tom, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 403 (N.Y. App. Div. 1995)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO RODRIGUEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 6, 1995

Citations

217 A.D.2d 403 (N.Y. App. Div. 1995)
629 N.Y.S.2d 243

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