Mugglin, J.
In the early morning hours of July 30, 2000, defendant, while driving on State Route 155 in the Town of Guilderland, Albany County, struck and killed a jogger. After failing some field sobriety tests, defendant was arrested for driving while intoxicated and taken to a local hospital where he consented to the withdrawal of blood for a chemical test to determine his blood alcohol level. Defendant was thereafter indicted for manslaughter in the second degree...
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