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Tuesday, October 29, 2019

criminal recklessness for manslaughter indictment here STATE VS. HUANG (A-2852-17T3)

criminal recklessness for manslaughter indictment here STATE  VS. HUANG (A-2852-17T3)
The court determined the evidence presented by the State and the rational inferences from that evidence, viewed in the State's favor, established the element of defendant's reckless operation of a vehicle so as to render the motion judge's dismissal of an indictment charging defendant with second-degree vehicular homicide of a child, N.J.S.A. 2C:11-5, and fourth-degree assault by auto of the child's mother, N.J.S.A. 2C:12-1(c)(1), arising from a tragic pedestrian-motor vehicle incident, a clear abuse of his discretionary authority.
The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the majority’s opinion.