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Decina (D) was an epileptic and operated a motor vehicle knowing that a seizure could come at any time. D's car went out of control during a seizure. It struck and killed four minor school girls. D was indicted and charged with violating section 1053-a of the Penal Law. D was convicted of vehicular homicide because of criminal negligence in the operation of a motor vehicle. The trial court granted a new trial based on an error in the admission of evidence. It granted a new trial upon the ground that the 'transactions between D and a Dr. Wechter were between physician and patient for the purpose of treatment and that treatment was accomplished, and that evidence thereof should not have been admitted. From its determination, both parties have appealed.

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