Ordered that the order is affirmed insofar as appealed from.
The defendant was driving a car with three passengers when he allegedly inhaled a portion of the contents of a spray can of "Dust-Off," veered into oncoming traffic, and collided with an oncoming car. He was indicted and charged with, inter alia, driving while intoxicated pursuant to Vehicle and Traffic Law § 1192 (3) and vehicular manslaughter in the second degree pursuant to Penal Law § 125.12...
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