New York Appellate Digest
  • Home
  • About
  • Just Released
  • Update Service
  • Streamlined Research
  • CLE Courses
  • Contact
  • Menu Menu
You are here: Home1 / Criminal Law2 / DEFENDANT WAS DRIVING AT MORE THAN TWICE THE POSTED SPEED LIMIT IN A RESIDENTIAL...
Criminal Law, Evidence

DEFENDANT WAS DRIVING AT MORE THAN TWICE THE POSTED SPEED LIMIT IN A RESIDENTIAL NEIGHBORHOOD WHEN HE COLLIDED WITH ANOTHER CAR, KILLING THE DRIVER; USUALLY EXCESSIVE SPEED ALONE WILL NOT SUPPORT A CRIMINALLY NEGLIGENT HOMICIDE CHARGE; HERE, HOWEVER, THE EXCESSIVE SPEED IN COMBINATION WITH OTHER FACTORS, INCLUDING THE CHARACTER OF THE NEIGHBORHOOD, WAS SUFFICIENT TO SUPPORT THE CHARGE (SECOND DEPT).

The Second Department, reversing Supreme Court’s dismissal of the indictment, over a dissent, determined the evidence presented to the grand jury was legally sufficient for criminally negligent homicide. The defendant was driving at twice the speed limit in a residential neighborhood when he collided with another vehicle at an intersection, killing the driver. Generally driving in excess of the speed limit, alone, will not support a criminally negligent homicide charge. However, here, the excessive speed, in combination with other factors, was deemed sufficient:

[T]he 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'” … , which transforms speeding into dangerous speeding, by engaging in some other “risk-creating” behavior such as disregarding traffic signals … . However, there is no per se rule that speeding alone is insufficient … . There are circumstances where excessive speed “absent proof of any other contributing factors” is sufficient … . The extent of the violation of the posted speed limit and the surrounding circumstances must be considered … .

“[I]n order to sustain a conviction for criminally negligent homicide in a case in which the principal item of evidence consists of proof of the defendant’s use of excessive speed, [the law does not require that] the prosecution must always prove some other traffic law violation unrelated to the defendant’s rate of speed. While it may be accurate to say that an infraction of the posted speed limit does not ipso facto establish criminal negligence, it would not be accurate to say that a trier of fact may never conclude that in light of the time, the place, the weather conditions, and in light of any number of other factors which might be established at the trial, the defendant’s use of excessive speed was criminally negligent” … .

Here, … [t]he evidence, if accepted as true, demonstrated that the defendant disregarded road conditions, i.e., the fact that he was traveling in a residential neighborhood with a playground on the corner of the intersection, when he decided to drive his vehicle through the intersection at well above twice the posted speed limit … . The evidence further indicated that he was showing off to his friend how the vehicle “drives,” which, considering the fact that he accelerated the vehicle’s speed while allegedly doing so, indicated that he was showing off how the vehicle operated at a high speed. The evidence further indicated that he ignored a traffic control sign directing motorists to exercise additional caution … . People v Lee, 2026 NY Slip Op 05038, Second Dept 8-19-26

Practice Point: Here in the fatal-vehicle-accident case, defendant’s excessive speed, in combination with the nature of the neighborhood and other factors, supported the criminally negligent homicide charge.

 

August 19, 2026
Tags: Second Department
Share this entry
  • Share on WhatsApp
https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 Bruce Freeman https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png Bruce Freeman2026-08-19 13:32:502026-08-24 14:00:04DEFENDANT WAS DRIVING AT MORE THAN TWICE THE POSTED SPEED LIMIT IN A RESIDENTIAL NEIGHBORHOOD WHEN HE COLLIDED WITH ANOTHER CAR, KILLING THE DRIVER; USUALLY EXCESSIVE SPEED ALONE WILL NOT SUPPORT A CRIMINALLY NEGLIGENT HOMICIDE CHARGE; HERE, HOWEVER, THE EXCESSIVE SPEED IN COMBINATION WITH OTHER FACTORS, INCLUDING THE CHARACTER OF THE NEIGHBORHOOD, WAS SUFFICIENT TO SUPPORT THE CHARGE (SECOND DEPT).
You might also like
Application for “Special Immigrant Juvenile” Status Need Only Assert Reunification with One Parent Is Not Possible
DOG OWNERS’ MOTION FOR SUMMARY JUDGMENT IN THIS DOG-BITE CASE SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
BREACH OF DUTY CAUSE OF ACTION WAS DUPLICATIVE OF THE BREACH OF CONTRACT CAUSE OF ACTION AND WAS PROPERLY DISMISSED, CRITERIA EXPLAINED (SECOND DEPT).
Failure to Include Restitution in Plea Negotiations Precluded Imposing Restitution at Sentencing
Question of Fact Whether Encroaching Hedge Was De Minimus Encroachment Re: Adverse Possession
PLAINTIFF ALLEGED A NEW THEORY OF LIABILITY FOR THE FIRST TIME IN ANSWER TO DEFENDANT DOCTOR’S MOTION FOR SUMMARY JUDGMENT IN THIS MEDICAL MALPRACTICE ACTION; SUPREME COURT SHOULD HAVE GRANTED DEFENDANT’S SUMMARY JUDGMENT MOTION AND SHOULD NOT HAVE ALLOWED PLAINTIFF TO AMEND THE COMPLAINT AND BILL OF PARTICULARS TO REFLECT THE NEW THEORY (SECOND DEPT).
Totality of the Evidence Established Accident Was “Staged”
THE DEMONSTRATION THAT THE APPELLANTS’ VEHICLE WAS STOPPED WHEN IT WAS STRUCK FROM BEHIND WAS SUFFICIENT TO WARRANT SUMMARY JUDGMENT IN APPELLANTS’ FAVOR (SECOND DEPT).

Categories

  • Abuse of Process
  • Account Stated
  • Accountant Malpractice
  • Administrative Law
  • Agency
  • Animal Law
  • Appeals
  • Arbitration
  • Architectural Malpractice
  • Arts and Cultural Affairs Law
  • Associations
  • Attorneys
  • Banking Law
  • Bankruptcy
  • Battery
  • Chiropractor Malpractice
  • Civil Commitment
  • Civil Conspiracy
  • Civil Forfeiture
  • Civil Procedure
  • Civil Rights Law
  • Condominium Corporations
  • Condominiums
  • Constitutional Law
  • Consumer Law
  • Contempt
  • Contract Law
  • Conversion
  • Cooperatives
  • Copyright
  • Corporation Law
  • Correction Law
  • County Law
  • Court of Claims
  • Criminal Law
  • Debtor-Creditor
  • Defamation
  • Dental Malpractice
  • Disciplinary Hearings (Inmates)
  • Education-School Law
  • Election Law
  • Eminent Domain
  • Employment Law
  • Engineering Malpractice
  • Environmental Law
  • Equitable Recoupment
  • Evidence
  • Fair Credit Reporting Act
  • Fair Housing Act
  • Fair Housing Amendments Act
  • False Arrest
  • False Claims Act
  • False Imprisonment
  • Family Law
  • Federal Employers' Liability Act (FELA)
  • Fiduciary Duty
  • Forcible Touching
  • Foreclosure
  • Fraud
  • Freedom of Information Law (FOIL)
  • Human Rights Law
  • Immigration Law
  • Immunity
  • Indian Law
  • Insurance Law
  • Intellectual Property
  • Intentional Infliction of Emotional Distress
  • Involuntary Medical Treatment and Feeding (Inmates)
  • Judges
  • Judiciary Law
  • Labor Law
  • Labor Law-Construction Law
  • Land Use
  • Landlord-Tenant
  • Legal Malpractice
  • Lien Law
  • Limited Liability Company Law
  • Longshoreman's and Harbor Worker's Compensation Act
  • Malicious Prosecution
  • Maritime Law
  • Medicaid
  • Medical Malpractice
  • Mental Hygiene Law
  • Military Law
  • Money Had and Received
  • Municipal Law
  • Navigation Law
  • Negligence
  • Negligent Infliction of Emotional Distress
  • Negligent Misrepresentation
  • Notarial Misconduct
  • Nuisance
  • Partnership Law
  • Personal Property
  • Pharmacist Malpractice
  • Physician Patient Confidentiality
  • Pistol Permits
  • Prima Facie Tort
  • Private Nuisance
  • Privilege
  • Products Liability
  • Professional Malpractice
  • Public Authorities Law
  • Public Corporations
  • Public Health Law
  • Public Nuisance
  • Real Estate
  • Real Property Actions and Proceedings Law (RPAPL)
  • Real Property Law
  • Real Property Tax Law
  • Religion
  • Replevin
  • Retirement and Social Security Law
  • Securities
  • Sepulcher
  • Sex Offender Registration Act (SORA)
  • Social Services Law
  • Statutes
  • Tax Law
  • Tenant Harassment
  • Tortious Interference with Contract
  • Tortious Interference with Employment
  • Tortious Interference with Prospective Business Relations
  • Tortious Interference With Prospective Economic Advantage
  • Town Law
  • Toxic Torts
  • Trade Secrets
  • Trademarks
  • Trespass
  • Trespass to Chattels
  • Trusts and Estates
  • Uncategorized
  • Unemployment Insurance
  • Unfair Competition
  • Uniform Commercial Code
  • Usury
  • Utilities
  • Vehicle and Traffic Law
  • Victims of Gender-Motivated Violence Protection Law (VGM)
  • Village Law
  • Water Law
  • Workers' Compensation
  • Zoning

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE JUDGE DISMISSED FATHER’S NEW YORK CUSTODY PETITION BECAUSE MOTHER... HERE THE COMPLAINT WAS DISMISSED BECAUSE COUNSEL REFUSED TO PROCEED WITH THE...
Scroll to top