134 Misc. 2d 615 | N.Y. Sup. Ct. | 1986
OPINION OF THE COURT
The defendant, a 17 year old, is charged with leaving the scene of an accident without reporting a violation of Vehicle and Traffic Law § 600 (2) (a). The indictment charges a class E felony since the victim later died of the injuries sustained.
The statute requires an operator of a motor vehicle, before leaving the scene of an accident where personal injury has been sustained, to stop and identify himself to the injured party, and also to a police officer if one is on the scene (Vehicle and Traffic Law § 600 [2] [a]). The defendant requests, however, that the jury be charged that a motor vehicle operator need not remain at the scene of an accident if a person under similar circumstances reasonably believes a belligerent crowd may cause him bodily harm.
Except for a lower court case, this court is unable to find precedent in our State courts on the issue of whether a motorist is required to remain at the scene of an accident where he fears for his safety. In People v Pinnock (207 Misc 1097 [Ct Spec Sess, Kings County 1955]), the court held that the presence of a hostile crowd did not excuse a motorist’s leaving the scene of an accident without giving the information required by the statute (cf., Scanlon v Flynn, 465 F Supp 32, 38-39 [US Dist Ct, SDNY 1978]).
Since that case was decided, however, the Legislature has inserted the words "if practical” into Vehicle and Traffic Law § 600 (2) (a) so that it now reads, in pertinent part: "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 license and insurance identification card for such vehicle * * * 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 shall report said incident as soon as physically able to the nearest police station or judicial officer.” (Emphasis added.)
This court must now determine whether the amendment was intended to excuse the failure to promptly report an accident to the injured party because of the motorist’s fear of physical harm to himself. The precise issue to be decided is whether the motorist’s fear is based on objective criteria, since a subjective fear of bodily harm could afford a wholesale violation of the statute. When a motorist flees from a genuine threat of physical harm, however, the purpose of the statute is clearly not thwarted.
In the case at bar, defendant’s claim that a hostile crowd had gathered was corroborated by the testimony of defendant’s two friends who had been passengers in the car at the time of the accident. Thus, a genuine issue of fact is raised for the jury.
Under these circumstances, defendant’s request to charge is hereby granted.