Opinion
November 15, 1995
Appeal from the Wayne County Court, Strobridge, J.
Present — Pine, J.P., Lawton, Wesley, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that the evidence is legally sufficient to support defendant's conviction of all charges and that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). The jury could properly find that defendant's use of marihuana earlier in the day had caused the accident by impairing defendant's ability to drive, and that defendant, an inexperienced, unlicensed driver, failed to perceive the substantial risk that he would lose control of his vehicle on a wet, winding road and cross into an oncoming traffic lane. Thus, the jury could properly find that defendant was criminally negligent (Penal Law § 125.10, 15.05 Penal [4]) in operating a motor vehicle while so impaired (see, People v Daley, 54 A.D.2d 1007, 1008) and was guilty of vehicular manslaughter in the second degree (Penal Law § 125.12).