Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).
The defendant's car struck and killed the victim as she crossed a well-lit intersection. The defendant driver had been drinking and he turned his head to converse with his passenger when the passenger saw the victim and called out a warning to the driver. The victim, a large woman, was wearing a white blouse when...
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