CJI2d[NY] Penal Law § 125.03(3)

The (specify) count is Vehicular Manslaughter in the Second Degree.

Under our law, a person is guilty of Vehicular Manslaughter in the Second Degree when he or she operates an all terrain vehicle¹

Select appropriate alternative(s):

while he or she has .08 of one per centum or more by weight of alcohol in his or her blood as shown by chemical

analysis of his or her blood, breath, urine or saliva;²

or while he or she is in an intoxicated condition;³

or while his or her ability to operate such an all terrain vehicle is impaired by the use of a drug;⁴

or while his or her ability to operate an all terrain vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.⁵ and as a result of such intoxication [or impairment by the use of a drug or by the combined influence of drugs or of alcohol and any drug or drugs], operates such all terrain vehicle in a manner that causes death to another person.⁶

The following terms used in that definition have a special meaning:

ALL TERRAIN VEHICLE [or "ATV"] means any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or off-highway competitions and only incidentally operated on public highways providing that such vehicle does not exceed seventy inches in width, or one thousand pounds dry weight. [Provided, however, this definition shall not include a "snowmobile" or other self-propelled vehicles manufactured for off-highway use exclusively designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or cleats which utilize an endless belt tread].⁷

[The term DRUG includes (specify).⁸]

[NOTE: Here, either add the appropriate portions of the CJI2d Vehicle and Traffic Law § 1192 charge, or if that Vehicle and Traffic Law provision has been separately charged to the jury, incorporate it here by reference.]

Under our law, if the People prove beyond a reasonable doubt that the defendant was operating an all terrain vehicle while unlawfully intoxicated [or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs⁹] and while doing so caused death to another person, then you may, but are not required to, infer that, as a result of such intoxication [or impairment by the use of alcohol or a drug or by the combined influence of drugs or of alcohol and any drug or drugs], the defendant operated the all-terrain vehicle in a manner that caused such death.¹⁰

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, both of the following two elements:

1. That on or about (date) , in the County of (County) , the defendant, (defendant's name) , operated an all terrain vehicle:

Select appropriate alternative(s):

while the defendant had .08 of one per centum or more by weight of alcohol in his/her blood as shown by chemical analysis of his/her blood, breath, urine or saliva;

or while the defendant was in an intoxicated condition;

or while the defendant's ability to operate such vehicle was impaired by the use of a drug;

or while the defendant’s ability to operate such vehicle was impaired by the combined influence of drugs or of alcohol and any drug or drugs; and

2. That as a result of such intoxication [or impairment by the use of alcohol or a drug or by the combined influence of drugs or of alcohol and any drug or drugs], the defendant operated the all terrain vehicle in a manner that caused death to another person.

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.