Opinion
10123 Ind. 303/14
10-17-2019
The PEOPLE of the State of New York, Respondent, v. Agustus JENKINS, Defendant–Appellant.
Christina Swarns, Office of the Appellate Defender, New York (Stephen R. Strother of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.
Christina Swarns, Office of the Appellate Defender, New York (Stephen R. Strother of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.
Manzanet–Daniels, J.P., Gische, Webber, Moulton, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson , 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The jury's mixed verdict does not warrant a different conclusion (see People v. Abraham , 22 N.Y.3d 140, 147, 978 N.Y.S.2d 723, 1 N.E.3d 797 [2013] ; People v. Rayam , 94 N.Y.2d 557, 708 N.Y.S.2d 37, 729 N.E.2d 694 [2000] ; People v. Johnson , 73 A.D.3d 578, 580, 901 N.Y.S.2d 596 [1st Dept. 2010], lv denied 15 N.Y.3d 893, 912 N.Y.S.2d 582, 938 N.E.2d 1017 [2010] ). There was ample evidence of defendant's criminal negligence, including that after drinking alcohol and smoking marijuana, defendant, whose license had been suspended, drove far above the speed limit on a rainy night and killed a pedestrian (see People v. Loughlin , 76 N.Y.2d 804, 807, 559 N.Y.S.2d 962, 559 N.E.2d 656 [1990] ).