Driver mistakenly drove up the wrong on ramp. While making a U-turn the car was hit by a motorcycle. The motorcycle driver was killed. Driver was sober, not speeding, and the decision to extricate himself from a dangerous situation while unwise was not morally blameworthy so as to support criminally negligent homicide under People v. Cabrera.
People v. McGrantham, 2009 NY Slip Op 05208 [2009]
New York Court of Appeals,Decided on June 25, 2009, No. 174 SSM 18 , [*1]The People & c., Respondent, v James McGrantham, Appellant. 2009 NY Slip Op 05208