PEOPLE v. PRUE


8 A.D.3d 894 (2004)

779 N.Y.S.2d 271

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH M. PRUE, Appellant.

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

June 24, 2004.


Lahtinen, J.

In the early morning hours of October 8, 2000, following an evening of drinking at a bar, defendant commenced driving his car with one passenger in the front and the victim, who was acutely intoxicated, laying in the back seat. Shortly thereafter, defendant was involved in a single vehicle accident on Route 190 in the Town of Bellmont, Franklin County, in which his car struck a guide rail, crossed the road and went into a ditch. Although the front seat...

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