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PEOPLE v. HERMAN BANK

No. 160, 161.

28 N.Y.3d 131 (2016)

65 N.E.3d 680

42 N.Y.S.3d 651

2016 NY Slip Op 07110

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN BANK, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN H. BANK, Appellant.

Court of Appeals of New York.

Decided November 1, 2016.

Attorney(s) appearing for the Case

Robert N. Isseks , Middletown, for appellant in the first above-entitled action.

Sandra Doorley , District Attorney, Rochester ( Leah R. Mervine of counsel), for respondent in the first above-entitled action.

Timothy P. Donaher , Public Defender, Rochester ( Timothy Davis and James Eckert of counsel), for appellant in the second above-entitled action.

Sandra Doorley , District Attorney, Rochester ( Leah R. Mervine of counsel), for respondent in the second above-entitled action.

Chief Judge DiFIORE and Judges RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

On May 27, 2007, defendant, who was operating his car while under the influence of cocaine, drove the wrong way on Interstate 590 in Monroe County. He collided with another vehicle at highway speed, killing two of the occupants and seriously injuring a third.

Defendant was charged with multiple criminal...

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