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PEOPLE v. MacDONALD

89 N.Y.2d 908 (1996)

675 N.E.2d 1219

653 N.Y.S.2d 267

The People of the State of New York, Respondent, v. Robert E. MacDonald, III, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1996.

Attorney(s) appearing for the Case

Lawrence H. Weintraub, Slingerlands, for appellant.

Sol Greenberg, District Attorney of Albany County, Albany (John E. Maney of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Following a motorcycle accident which resulted in the death of his wife, defendant was indicted for vehicular manslaughter in the second degree, criminally negligent homicide and two counts of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [2], [3]). A jury acquitted defendant of the counts of vehicular...

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