Defendant is charged with one count of Criminally Negligent Homicide, three counts of Assault in the Second Degree and two counts of Offering a False Instrument for Filing in the First Degree. The charges arise from an accident in a taxicab driven by the Defendant on West Street in the vicinity of West Houston Street in Manhattan in 2006. In the accident, one of the passengers in Defendant’s taxi, either exited or was ejected from the cab and was then struck and killed by a second taxi. Three other passengers in the taxi suffered significant injuries while still in the cab when the vehicle struck a building.
A New York Criminal Lawyer said that, the People allege that the accident was caused by a seizure the Defendant suffered. It is also alleged that the Defendant had a history of seizures and fraudulently failed to disclose this information in applications for a taxi license he filed. Based on this seizure history, his alleged deception in obtaining his taxi license, the fact that he had stopped taking seizure medications at the time of the accident and the fact that a seizure allegedly caused the accident, the People allege that the Defendant caused the passenger’s death with criminal negligence. Criminally Negligent Homicide is a Class E non-violent felony punishable by a maximum indeterminate sentence for a first felony offender, like Defendant here, of 1 1/3 to 4 years in state prison. A Bronx Criminal Lawyer said that, defendant is also charged with three counts of Assault in the Second Degree, a Class D violent felony, for each of the three injured victims who were present in the taxi. Defendant contends that he did not, in fact, suffer a seizure at the time of the accident. He will also apparently contend at trial that he did not, in any respect, act with criminal negligence during the accident and thus cannot be held criminally responsible for the death or injuries which occurred.
A Bronx Defense Lawyer said that, defendant moves to dismiss the three counts of Assault in the Second Degree which are charged in the indictment. The Defendant acknowledges that he would not likely be entitled to dismiss before trial charges which alleged that the Defendant had committed the crime of Assault in the Third Degree with respect to the three injured victims pursuant to Penal Law § 120.00 (3), a Class A misdemeanor, on the facts alleged here. That statute provides that a defendant is guilty of this crime when “with criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument”.