People v. Roth

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of manslaughter in the second degree (Penal Law § 125.15 [1]), vehicular manslaughter in the second degree (Penal Law § 125.12), driving while ability impaired by alcohol (Vehicle and Traffic Law § 1192 [1]) and driving while ability impaired by drugs (Vehicle and Traffic Law § 1192 [4]). There is no merit to defendant’s contentions that the proof is…