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PEOPLE v. FINKLE

262 A.D.2d 971 (1999)

692 N.Y.S.2d 265

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN A. FINKLE, Appellant. (Appeal No. 1.)

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

Decided June 18, 1999.

Judgment reversed on the law and new trial granted.

Memorandum:

Defendant was convicted following a bench trial of vehicular manslaughter in the second degree (Penal Law § 125.12 [2]), three counts of assault in the third degree (Penal Law § 120.00 [3]), and various Vehicle and Traffic Law offenses. Defendant, whose blood alcohol content was .15% over an hour after the accident, was traveling in the left...

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