In People v. Carley, 248 A.D.2d 548 (2d Dept. 1998) the defendant was driving while intoxicated and speeding but neither of those factors were shown to have contributed to the cause of the accident which resulted in the deaths of three people. The crash occurred when the other car crossed over into the lane in which the defendant was traveling. The Court stated that there was " no evidence that his conduct caused the three fatalities or the serious injuries to the fourth victim of the crash". (supra at 549.)