DISTRICT ATTORNEY - NEW YORK COUNTY

FOR IMMEDIATE RELEASE
April 8, 2010

CONTACT: Erin Duggan
212-335-9400

DISTRICT ATTORNEY VANCE STATEMENT ON APPELLATE DECISION IN LYNETTE CABAN
CRIMINALLY NEGLIGENT HOMICIDE CASE

This month the New York Court of Appeals in People v. Lynette Caban ruled that when a defendant is being tried for criminal negligence in the operation of a motor vehicle, a jury may consider evidence that the defendant’s license had previously been suspended for unsafe driving.  In 2003, Lynette Caban was driving with a suspended license when struck and killed an 81-year-old woman. She was prosecuted by the Manhattan District Attorney’s Office, convicted of Criminally Negligent Homicide, and sentenced to 1-3 years in jail.

Manhattan District Attorney Cyrus R. Vance, Jr., issued the following statement:

“The Court’s significant decision reinforces that driving upon our streets is a privilege, not a right,” said District Attorney Vance. “I applaud the Court’s acceptance of our position that driving with a suspended license is evidence of criminal negligence in a subsequent vehicular homicide. This ruling is a significant step in holding drivers accountable for dangerous and unsafe operation of a vehicle.”

District Attorney Vance thanked former Assistant District Attorney Birgit Kollmar, who conducted the investigation and prosecution of the case under the supervision of Vehicular Crimes Unit Chief Jill Hoexter. District Attorney Vance also thanked Assistant District Attorney Marc Krupnick, who handled the appeal and was aided by former Appeals Bureau Chief Mark Dwyer and Senior Appellate Counsel Susan Axelrod.

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Additional news available at: www.manhattanda.org

New York County District Attorney | duggane@dany.nyc.gov | 212-335-9400