What is the test for a motion to dismiss a charge of criminally negligent homicide?

Viewing the evidence in the light most favorable to the People, defendant's motion seeking to dismiss the count of the indictment charging him with criminally negligent homicide must be granted. Defendant's decision to make a U-turn across three lanes of traffic to extricate himself from a precarious situation was not wise, but it does not rise to the level of moral blameworthiness required to sustain a charge of criminally negligent homicide (see People v. Cabrera, 10 N.Y.3d 370, 378, 858 N.Y.S.2d 74, 887 N.E.2d 1132 [2008]).

[913 N.E.2d 937]