Recklessness Demonstrated In Operation of Vehicle

In a full-fledged opinion by Judge Graffeo, the Court of Appeals affirmed defendant’s convictions for reckless manslaughter and reckless assault after defendant’s car struck another car head on.  There was evidence defendant was deliberately speeding (134 mph) in an area he knew to include a sharp turn.  The court explained the difference between recklessness and criminal negligence in this context:

The mental states of recklessness and criminal negligence share many similarities.  Both require that there be a “substantial and unjustifiable risk” that death or injury will occur; that the defendant engage in some blameworthy conduct contributing to that risk; and that the defendant’s conduct amount to a “gross deviation” from how a reasonable person would act (compare Penal Law § 15.05 [3] [Recklessly] with Penal Law  § 15.05 [4] [Criminal Negligence]).  The only distinction between the two mental states is that recklessness requires that the defendant be “aware of” and “consciously disregard” the risk while criminal negligence is met when the defendant negligently fails to perceive the risk … .

In the context of automobile accidents involving speeding, we have held that the culpable risk-creating conduct necessary to support a finding of recklessness or criminal negligence generally requires “some additional affirmative act” aside from “driving faster than the posted speed limit” … .  Here, there was ample proof that defendant did more than merely drive faster than the legal limit — indeed, there was eyewitness testimony that he was traveling at more than double the posted speed limit of 55 miles per hour.  Moreover, before the collision, defendant stopped his vehicle in the middle of the unlit road and revved the engine. He then hit the gas pedal and accelerated to an extremely high rate of speed before crossing the double line into oncoming traffic.  Viewed in the light most favorable to the People, the evidence showed that defendant used a public road as his personal drag strip to showcase the capabilities of his modified sports car.  Although the jury acquitted defendant of driving while ability impaired (by alcohol), there was evidence that he had been drinking and smoking marijuana that evening … .  The evidence therefore demonstrated that defendant engaged in conduct exhibiting “the kind of seriously blameworthy carelessness whose seriousness would be apparent to anyone who shares the community’s general sense of right and wrong” … .

Furthermore, the proof was sufficient to support the jury’s conclusion that defendant acted recklessly — by consciously disregarding the risk he created — as opposed to negligently failing to perceive that risk.  Defendant was familiar with the curve in the road …, having driven by there on a number of prior occasions, and he had been warned twice about speeding into that very section of the road. People v Asaro, 158, CtApp 10-22-13