People v. Cabrera
Court of Appeals of New York
887 N.E.2d 1132 (2008)
Relevant factsFree
Seventeen-year-old Cabrera, driving with more unrelated minor passengers than his graduated license allowed and none wearing seatbelts, lost control entering a curve at roughly 70 mph in a 40 mph zone, killing three passengers and critically injuring a fourth, though the surviving passenger testified Cabrera was not distracted and noticed no problem until the car began to swerve.
IssueFree
Whether a person's conduct is criminally negligent if the person fails to perceive a substantial and unjustifiable risk and that failure is a gross deviation from the standard of care exercised by a reasonable person.