THE PEOPLE &C., RESPONDENT, v. ERROL FLYNN, APPELLANT.
79 N.Y.2d 879, 589 N.E.2d 383, 581 N.Y.S.2d 160 (1992).
February 18, 1992
2 No. 17
Decided February 18, 1992
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Kenneth Finkelman, for Appellant.
Aprilanne Agostino, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be modified by dismissing
the indictment as to count 4, leaving the scene of an accident, and,
as so modified affirmed.
Defendant has been convicted of leaving the scene of an accident
without reporting (Vehicle and Traffic Law § 600(1)(a)) and other
crimes. At trial, complainant testified that defendant struck the door
of complainant's parked vehicle, assaulted him, and then left the
scene of the accident without providing a license or insurance
identification card. Defendant testified that the accident occurred
when the complainant suddenly opened the door so that it extended into
his lane of travel. He claims that he stopped after striking the door
but that a fight developed over who caused the accident and that
complainant ran away before defendant had a chance to provide the
information. Defendant testified that he then drove to his home, two
blocks away, intending to report the accident to the police, but that
he was arrested before he was able to do so.
Vehicle and Traffic Law § 600(1)(a) provides, in part, that any person
operating a motor vehicle who knowingly causes damage to the personal
property of another, "shall, before leaving the place where the
accident occurred, stop, exhibit his license and insurance
identification card for such vehicle,... and give his name,
residence...insurance carrier and insurance identification
information...to the party sustaining the damage." The section further
provides that where "the person sustaining the damage is not present
at the place where the damage occurred," then the operator "shall
report the same as soon as physically able to the nearest police
station, or judicial officer" (Vehicle & Traffic Law § 600(1)(a)).
SNIPPETS:
THE PEOPLE &C., RESPONDENT, v. ERROL FLYNN, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York
The order of the Appellate Division should be modified by dismissing the indictment as to
Defendant has been convicted of leaving the scene of an accident without reporting (Vehicle
At trial, complainant testified that defendant struck the door of complainant's parked
Defendant testified that he then drove to his home, two blocks away, intending to report the
Vehicle and Traffic Law § 600provides, in part, that any person operating a motor vehicle who
The section further provides that where "the person sustaining the damage is not present at
Defendant claims that the trial court committed reversible error when it failed to instruct
It is well settled that all the elements of an indicted crime which are not conceded by
Here, immediately after apprising the jury of Vehicle & Traffic Law § 600, the court
The People contend that the trial court properly declined to charge the disputed element of
Prior to trial, defendant requested from the People a copy of a motor vehicle accident report
Order modified in accordance with the memorandum herein and, as so modified, affirmed.
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