Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
Shortly after dusk on September 7, 1985, the defendant picked up his friend, Michael LaRocca, in Inwood to attend a nearby festival. Just after paying the toll and crossing over the Atlantic Beach bridge, the defendant accelerated his pickup truck through a red light, sideswiped an oncoming car, went out of control...
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