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PEOPLE v. BAIN

2007-06599.

85 A.D.3d 1193 (2011)

926 N.Y.S.2d 301

2011 NY Slip Op 5723

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD BAIN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

June 28, 2011.

Ordered that the judgment is modified, on the law, by vacating the conviction of driving while intoxicated per se and the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the evidence was not legally sufficient to support his conviction of vehicular manslaughter in the second degree ...

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