Ford J. Levy (Defendant) was convicted in the Justice Court of the Town of North Castle, Westchester County, of reckless endangerment in the second degree, reckless driving, and speeding. Levy appealed. The N.Y. Supreme Court, Appellate Term reversed and remanded for a new trial.

The People charged defendant with, among other things, reckless endangerment in the second degree(Penal Law § 120.20), reckless driving (Vehicle and Traffic Law § 1212) and speeding (Vehicle and Traffic Law § 1180[a]) after he allegedly rear-ended one vehicle, crossed the double yellow line on a two-lane road and collided with another vehicle while traveling at a high rate of speed. At a jury trial, defendant presented expert testimony that his erratic driving was likely caused by a temporal lobe seizure in his brain. Thereafter, defendant asked the Justice Court to charge the jury that, in order to find defendant guilty of the alleged offenses, he must have “acted voluntarily.” The Justice Court refused to issue this charge, and the jury convicted defendant of the aforementioned offenses.......

1. Do you believe there was enough evidence to send to a jury on whether Levy acted during an epileptic seizure? Explain your answer.

2. If you were a juror how much weight would you give to the expert’s testimony? Explain your answer.

3. How important is it that Levy had an earlier accident? Explain.

4. Apart from the procedural question, does the prosecutor’s argument that Levy “shouldn’t have been in a car” have merit? Explain.