People v. Penoyer

OPINION OF THE COURT

Yesawich, Jr., J.

Defendant was indicted for vehicular manslaughter, vehicular assault and two counts of operating a motor vehicle while under the influence of alcohol following a motor vehicle accident occurring on September 15, 1984 on State Route 80 in the Town of Cazenovia, Madison County. There was testimony that defendant had spent some five hours before the accident drinking beer at a local bar and that his blood alcohol content was .26%. While driving his International Scout vehicle eastbound on Route 80 with Scott Haitian as a passenger, defendant collided head-on…