Ordered, that the judgment is modified, on the facts, by reversing the conviction of criminally negligent homicide, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant was convicted of the crime of criminally negligent homicide based upon his involvement in an automobile accident which occurred at approximately 2:50 A.M. on July 31, 1984, near the intersection of Coney Island Avenue...
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