Defendant was indicted for criminally negligent homicide (two counts), assault in the third degree and operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [1]) (hereinafter referred to as driving while ability impaired) as a result of an early morning vehicular accident on Route 4 in the Town of Fort Ann, Washington County, on August 27, 1984. Defendant had been operating his van in the northbound...
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