People v. Rooney
Cases that cite this one
40 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Ladd (N.Y. 1996)
- People v. Paris (Appellate Division of the Supreme Court of New York 1988)
- Harris v. Superintendent, Attica Correctional Facility (District Court, W.D. New York 2023)
- People v. Cabrera (Appellate Division of the Supreme Court of New York 2007)
- People v. Senisi (Appellate Division of the Supreme Court of New York 1994)
- People of State of New York v. Grega (N.Y. 1988)
- People v. Roberts (Appellate Division of the Supreme Court of New York 1987)
- People v. Charles (N.Y. 1984)
- People v. Herrera (Appellate Division of the Supreme Court of New York 2024)
- People v. Knapp (Appellate Division of the Supreme Court of New York 2023)
- People v. Horton (Appellate Division of the Supreme Court of New York 2020)
- People v. DeRaffele (John) (Appellate Terms of the Supreme Court of New York 2019)
- GASTON, VICTOR, PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. Gaston (Appellate Division of the Supreme Court of New York 2013)
- People v. Gaston (Appellate Division of the Supreme Court of New York 2013)
- People v. Cabrera (N.Y. 2008)
- People v. Osinowo (Appellate Division of the Supreme Court of New York 2006)
- People v. Young (Appellate Division of the Supreme Court of New York 2004)
- People v. Kowallis (Appellate Division of the Supreme Court of New York 2003)
- People v. Buanno (Appellate Division of the Supreme Court of New York 2002)
- People v. Vaughns (Appellate Division of the Supreme Court of New York 2000)
- People v. Williams (Appellate Terms of the Supreme Court of New York 1999)
- People v. Schollin (Appellate Division of the Supreme Court of New York 1998)
- People v. Brown (Appellate Division of the Supreme Court of New York 1995)
- People v. Adams (Appellate Division of the Supreme Court of New York 1993)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The defendant was tried on an indictment charging him with criminally negligent homicide in that he “operated a motor vehicle at an excessive rate of speed, on the wrong side of the road while intoxicated and struck another vehicle” causing the death of another person. He was also charged in separate counts with driving while under the influence of alcohol. The defendant requested the court to charge the jury that he could not be found guilty of criminally negligent homicide unless it found that he had committed all of the acts mentioned in the indictment. The court refused the charge and the jury returned a verdict finding him not guilty of driving while under the influence of alcohol but guilty of criminally negligent homicide.
The court did not err in refusing to charge the jury as the defendant requested. Not every fact mentioned in an indictment is essential to establish the defendant’s guilt of the crime charged, and thus it is not necessary in every case that the People prove all acts alleged in the indictment when the remaining acts alleged are sufficient to sustain a conviction. In this case the jury could find that the defendant was criminally negligent when he drove the vehicle on the wrong side of the road while speeding even though he may not have been intoxicated at the time.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur; Judge Gabrielli taking no part.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.