On October 7, 1994, David Eberst (hereinafter decedent), his brother Peter Eberst (hereinafter Eberst) and their friend Richard Havranek spent the evening socializing at various locations in the Town of Cazenovia, Madison County. At approximately 3:00 A.M., Eberst and Havranek drove together in Havranek's vehicle while decedent drove alone in his pickup truck. At about the same time, defendant and his three friends had left a party after an...
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