People v. Litto

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Walsh, J.), dated January 31, 2005, as granted those branches of the defendant’s omnibus motion which were to dismiss counts two and six of the indictment, charging vehicular manslaughter in the second degree and driving while intoxicated, respectively.

Ordered that the order is affirmed insofar as appealed from.

The defendant was driving a car with three passengers when he allegedly inhaled a portion of the contents of a spray can of “Dust-Off,” veered into oncoming traffic, and…