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People v Caban
State: New York
Court: Second Circuit Court of Appeals Clerk
Docket No: 42
Case Date: 04/01/2010
Plaintiff: People
Defendant: Caban
Preview:
Argued February 16, 2010; decided April 1, 2010
People v Caban, 51 AD3d 455, reversed.
{**14 NY3d at 372} OPINION OF THE COURT
Smith, J.
Defendant, while backing her car, hit and killed a pedestrian. At the time of that event, defendant's license to drive had been suspended, because of an earlier incident with some noticeable similarities to the later, fatal one. Defendant was convicted of criminally negligent [*2]homicide, after a trial in which the trial court admitted into evidence the fact of her license suspension. We hold that this evidence was properly admitted.
I
On January 2, 2003, defendant, driving on Third Avenue in Manhattan, stopped her car and backed it up to let her passengers out at a pizza shop. She backed too quickly, and failed to see an elderly woman, Francesca Maytin, who was crossing the avenue at or near a crosswalk. The car hit Maytin, who died later that day.
This was not the first time defendant had backed a car carelessly. Three months earlier, on October 3, 2002, her car was illegally parked at a bus stop, and a police officer began to write a ticket. Arriving at her car, defendant sought to escape the parking ticket by jumping into the car and backing away quickly
Download 2010_02674.pdf

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