Opinion
3038.
Decided March 4, 2004.
Judgment, Supreme Court, Bronx County (Robert Straus, J.), rendered September 8, 1999, convicting defendant, after a jury trial, of criminally negligent homicide, and sentencing her to a term of 5 years probation, unanimously affirmed.
Peter D. Coddington, for Respondent.
Laura Burde, for Defendant-Appellant.
Before: Mazzarelli, J.P., Saxe, Friedman, Marlow and Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence established that defendant ignored her baby's extraordinarily emaciated condition, as well as warnings from others that the child urgently needed medical attention and proper nutrition. This evidence established the element of criminal negligence ( see Penal Law § 15.05; People v. Hensen, 33 N.Y.2d 63, 68-73; People v. Owens, 281 A.D.2d 191; see also People v. Word, 260 A.D.2d 196, lv denied 93 N.Y.2d 1029).
The court's jury instruction on criminally negligent homicide, when read as a whole, conveyed the proper standard ( see People v. Ladd, 89 N.Y.2d 893, 895). The court clearly explained the statutory definition of the crime, and emphasized the difference between civil and criminal negligence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.