CJI2d[NY] Vehicle & Traffic Law 600 (2) (a) (Death)

The (specify) count is Leaving the Scene of an Incident Without Reporting [Personal Injury].

Under our law, any person operating a motor vehicle who knowing or having cause to know that personal injury has been caused to another person, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the said personal injury occurred, stop, exhibit his or her license and insurance identification card for such vehicle² and give his or her name [and] residence³ to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then, he or she shall report said incident as soon as physically able to the

nearest police station or judicial officer.⁴

A violation of that law, other than for the mere failure of an operator to exhibit his or her license and insurance identification card for such vehicle or exchange the information required, is a crime where the personal injury involved results in death.

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

MOTOR VEHICLE means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.⁵

DEATH means the irreversible cessation of heartbeat and respiration, [or when these functions are maintained solely by extraordinary mechanical means, an irreversible cessation of all functions of the entire brain, including the brain stem]. ⁶

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

1. That on or about (date) , in the county of (County), the defendant, (defendant’s name), operated a motor vehicle;

2. That at that time and place, the defendant knew or had cause to know that personal injury had been caused to another person, due to an incident involving the motor vehicle operated by the defendant;

3. That the defendant did not, before leaving the place where the personal injury occurred, stop, and, in the event that no police officer was in the vicinity of the place of the injury, report the incident as soon as physically able to the nearest police station or judicial officer; and

4. That the personal injury involved resulted in death.

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

If you find that the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crimea.