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PEOPLE v. ROTH

256 A.D.2d 1206 (1998)

683 N.Y.S.2d 358

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL R. ROTH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 31, 1998.

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of manslaughter in the second degree (Penal Law § 125.15 [1]), vehicular manslaughter in the second degree (Penal Law § 125.12), driving while ability impaired by alcohol (Vehicle and Traffic Law § 1192 [1]) and driving while...

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