People v. Scallero

— Levine, J.

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered June 3, 1985, upon a verdict convicting defendant of the offense of operating a motor vehicle while under the influence of alcohol.

Defendant was indicted for criminally negligent homicide (two counts), assault in the third degree and operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [1]) (hereinafter referred to as driving while ability impaired) as a result of an early morning vehicular accident on Route 4 in the Town of Fort Ann, Washington County,…