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MATTER RICHARD R. ROSSI v. COUNTY COURT COUNTY SCHOHARIE ET AL. (12/27/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


December 27, 1968

IN THE MATTER OF RICHARD R. ROSSI, PETITIONER,
v.
COUNTY COURT OF THE COUNTY OF SCHOHARIE ET AL., RESPONDENTS

Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum Per Curiam.

Author: Per Curiam

Proceeding under CPLR article 78 for an order prohibiting the respondents from proceeding against petitioner under an indictment charging him with criminally negligent homicide (Penal Law, § 125.10). Petitioner asserts that the statute, amplified by the statutory definition of "Criminal negligence" (Penal Law, § 15.05, subd. 4), is unconstitutional for vagueness. Other remedies are available to petitioner and since, in our view, the statute is not on its face unconstitutional, petitioner has failed to show a clear legal right to the relief requested. (Matter of Fenster v. Criminal Ct. of City of N. Y., 46 Misc. 2d 179, affd. 24 A.D.2d 840, affd. 17 N.Y.2d 641.)

Disposition

 Application denied and cross motion by respondents to dismiss petition granted, without costs.

19681227

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