Case No. 2020 NY Slip Op 00977 [180 AD3d 466]Regular Panel DecisionFeb 11, 2020
People v. Cueva
The Appellate Division, First Department, affirmed the judgment convicting defendant Wilmer Cueva of criminally negligent homicide and reckless endangerment. Cueva, a construction foreman, was found to have personally ordered unsafe actions resulting in a fatal trench collapse. The court rejected the defendant's unpreserved legal insufficiency claim and found the verdict supported by overwhelming evidence. Furthermore, the court found no error in the jury instructions, the admission of gruesome autopsy photos, or the denial of defendant's motion to suppress his statements.
criminally negligent homicidereckless endangermenttrench collapse fatalityconstruction safety violationsforeman liabilityappellate affirmationsufficiency of evidencejury instruction reviewautopsy photo admissibilitysuppression motion
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