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 charges against the defendant arose from an automobile accident during which the defendant drove his automobile over a highway divider into oncoming traffic, resulting in the death of two people and serious injuries to another person. At the trial, the People presented evidence that after the accident, the breathalyzer...
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