SPAIN, J.
Defendant was operating a motorcycle on the evening of August 9, 2008 when he was involved in a one-vehicle accident in the Town of Queensbury, Warren County, resulting in the death of his passenger, Joshua Bierman. A police officer for the Warren County Sheriff's Department, Jason Martindale, responded to the scene and spoke with defendant. Martindale detected the smell of alcohol on defendant, who was transported to the hospital where he was treated for...
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