Judgment unanimously affirmed.
Memorandum:
Defendant was charged with criminally negligent homicide (Penal Law § 125.10) for causing the death of a man on June 24, 1995 by striking him in the head with a blunt instrument believed to be a tree limb or log. At defendant's first trial, a prosecution witness testified that he was riding his bicycle home at approximately 4:00 A.M. on June 24, 1995 when he observed a man lying on the ground on Steele Street...
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