Ordered that the order is reversed insofar as appealed from, on the law, that branch of the motion which was to dismiss count one of Suffolk County Indictment No. 671A/93 charging criminally negligent homicide is denied, that count is reinstated, and the matter is remitted to the County Court, Suffolk County, for further proceedings on the indictment.
On November 25, 1992, at about 8:30 P.M., the defendant and Eugene Fortunato were engaged in an altercation with the...
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