Opinion
March 9, 1998
Appeal from the County Court, Putnam County (Sweeney, J.).
Ordered that the appeal from the order dated May 27, 1997, is dismissed, as that order was superseded by the order dated July 28, 1997, made upon reargument; and it is further,
Ordered that the order dated July 28, 1997, is affirmed insofar as reviewed.
The County Court properly dismissed the three counts of the indictment charging vehicular manslaughter in the second degree and the count of the indictment charging vehicular assault in the second degree on the ground that the evidence presented to the Grand Jury was legally insufficient to support those charges. Although the People established that the defendant was intoxicated and speeding, there was no evidence that his conduct caused the three fatalities or the serious injuries to the fourth victim of the crash ( see, Penal Law § 125.12, 120.03 Penal; People v. Bast, 19 N.Y.2d 813, 815; People v. Donohue, 229 A.D.2d 396). In fact, according to the Grand Jury testimony of the People's own expert in accident reconstruction, the crash occurred when the other car crossed over into the lane in which the defendant was traveling.
Miller, J. P., Altman, Krausman and Luciano, JJ., concur.