People v. Miller

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered June 29, 2001 in Albany County, convicting defendant upon his plea of guilty of the crimes of manslaughter in the second degree, vehicular manslaughter in the second degree and driving while intoxicated (two counts).

In the early morning hours of July 30, 2000, defendant, while driving on State Route 155 in the Town of Guilderland, Albany County, struck and killed a jogger. After failing some field sobriety tests, defendant was arrested for driving while intoxicated and taken to a local hospital where he consented to the…