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  5. 76 N.Y.2d 804 (1990)
 

PEOPLE v. LOUGHLIN

76 N.Y.2d 804 (1990)

The People of the State of New York, Respondent-Appellant, v. John Loughlin, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided July 5, 1990.

Attorney(s) appearing for the Case

William J. Breuer and Paul J. Kenny for appellant-respondent.

John J. Santucci, District Attorney (Michael O'Brien of counsel), for respondent-appellant.

Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge KAYE dissents in part and votes to reverse on defendant's appeal in an opinion in which Judge ALEXANDER concurs.

MEMORANDUM.

The orders of the Appellate Division should be affirmed.

As a result of an automobile collision in which the driver of the other vehicle was killed and two passengers seriously injured, defendant was charged in a five-count indictment with vehicular manslaughter, second degree, criminally negligent homicide, two counts of vehicular assault and driving while intoxicated. At the conclusion of the trial,...

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