People v. Stickler

Mercure, J.P.

Defendant was charged in an indictment with vehicular manslaughter in the second degree and driving while intoxicated (two counts) after operating a John Deere “Gator” utility vehicle on a public road while he was intoxicated and, in doing so, causing the death of Joshua Long, his passenger. Long was killed when he was ejected from the vehicle as defendant allegedly drove off the road onto gravel and dirt, and then corrected the deviation of the vehicle’s course. Defendant moved to dismiss the indictment on the ground that Penal Law § 125.12, defining vehicular manslaughter, is…