Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
The defendant struck and killed a pedestrian walking on the shoulder of a roadway shortly before 4:39 a.m. on September 29, 2012. Evidence at trial demonstrated that the force of the impact crushed the front right headlight of the defendant's vehicle and lifted the pedestrian's body up onto the hood, denting the...
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