Opinion
November 15, 1989
Appeal from the Genesee County Court, Morton, J.
Present — Dillon, P.J., Callahan, Green, Pine and Davis, JJ.
Adjudication unanimously affirmed. Memorandum: The evidence at trial, when viewed in the light most favorable to the People (see, People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), was legally sufficient to sustain the jury verdict convicting defendant of criminally negligent homicide. Defendant was traveling 90 miles per hour in a 55-miles-per-hour speed zone. After becoming aware of a radar patrol in the area, he accelerated his vehicle despite being warned by his girlfriend to slow down. On this record it is clear that defendant failed to perceive the substantial and unjustifiable risk that he would injure a State Police officer trying to direct him off the highway (see, Penal Law § 15.05; § 125.10; People v Ricardo B., 73 N.Y.2d 228, 236; People v Haney, 30 N.Y.2d 328; People v Boutin, 146 A.D.2d 872, lv granted 74 N.Y.2d 736; People v VanDenBosch, 142 A.D.2d 988). We also conclude that the verdict was not contrary to the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490).