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PEOPLE v. RUIZ

2021-03929. Ind. No. 29/20.

209 A.D.3d 1042 (2022)

177 N.Y.S.3d 610

2022 NY Slip Op 06016

The People of the State of New York, Respondent, v. James M. Ruiz, Appellant.

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

Thomas N. N. Angell , Poughkeepsie, NY ( Andrew D. Ellis of counsel), for appellant.

William V. Grady , District Attorney, Poughkeepsie, NY ( Anna K. Diehn of counsel), for respondent.

Dillon, J.P., Connolly, Christopher and Warhit, JJ., concur.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered May 12, 2021, convicting him of vehicular manslaughter in the first degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of 3 1/3 to 10 years and a fine in the sum of $2,000.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating so much of the

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