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People v. McKinley

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1991
169 A.D.2d 735 (N.Y. App. Div. 1991)

Opinion

January 14, 1991

Appeal from the Supreme Court, Queens County (Posner, J.).


Ordered that the judgment is affirmed.

Evidence was adduced at the trial that the defendant struck a pedestrian with his automobile after proceeding at a high rate of speed through an intersection against a traffic signal. The defendant testified that he had been without sleep for a prolonged period of time and that he was aware that this condition could affect a person's ability to operate a vehicle. The contentions raised by the defendant on appeal do not warrant a reversal of his conviction, as the proof of his guilt was overwhelming, and there is no significant probability that the jury would have acquitted the defendant had it not been for the alleged errors (see, People v Johnson, 57 N.Y.2d 969; People v Crimmins, 36 N.Y.2d 230; People v Salcedo, 155 A.D.2d 699). Mangano, P.J., Eiber, O'Brien and Ritter, JJ., concur.


Summaries of

People v. McKinley

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1991
169 A.D.2d 735 (N.Y. App. Div. 1991)
Case details for

People v. McKinley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM McKINLEY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 14, 1991

Citations

169 A.D.2d 735 (N.Y. App. Div. 1991)