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PEOPLE v DECINA by Dtemko

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									                                          PEOPLE v. DECINA

Case Reminder

Citation                People v Decina. Court of appeals of new York, 1953 2 N.Y.2d 133, 157
                        N.Y.S.2d 558, 138 N.E.2d 799

Statement of the case   This is a criminal case in state court. State brought an action against the
                        defendant for negligent homicide.

Procedure               Defendant was convicted of criminal negligence in operating a motor vehicle the
                        defendant appeals. Court of appeals affirms the trial court’s decision

Statement of fact       Defendant had a seizure while driving and knew that he was prone to seizures.
                        Defendant had a seizure while driving and killed 4 people.

Issue                   whether or not a defendant with prior knowledge that he could possibly injury
                        someone can held liable for criminal negligence when he does

Decision                Yes a defendant with prior knowledge that he could possibly injure someone can
                        be held liable for criminal negligence when he does injure someone

Rule                    When a person’s conduct manifests a disregard of the consequences which may
                        ensue from the act and indifference to the rights of others the act can constitute
                        criminal negligence

Reasoning               When Mr. Decina decided to drive his car knowing that a seizure could come at
                        any time he acted in a negligent matter. Thus when he did actually have a seizure
                        and killed other people it was his negligence that led to the killing.

Dissent                 Guy had a chance seizure and that could not have been forceen therefore it could
                        not have been negligence for him to drive.

Critique

								
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