Appeal from a judgment of the County Court of Essex County (Halloran, J.), rendered March 31, 1997, upon a verdict convicting defendant of the crimes of manslaughter in the second degree, vehicular manslaughter in the first degree and reckless driving, and the offenses of careless, reckless and negligent operation of an all-terrain vehicle, operating an unregistered all-terrain vehicle, operating an all-terrain vehicle on a highway and operating an all-terrain vehicle without a helmet.
The criminal charges filed against defendant emanated from a November 21, 1995 incident in which defendant’s five-year-old son was killed when defendant’s all-terrain vehicle (hereinafter ATV), upon which the son was a passenger, collided with an automobile on State Route 9 in the Town of Chesterfield, Essex County.
A 14-count indictment charged defendant with manslaughter in the second degree, vehicular manslaughter in the first degree, vehicular manslaughter in the second degree, criminally negligent homicide, driving while intoxicated (hereinafter DWI) and reckless driving, as well as numerous Vehicle and Traffic Law offenses. Following a jury trial, defendant was convicted of manslaughter in the second degree, vehicular manslaughter in the first degree, reckless driving and various offenses relating to the operation of his ATV. County Court denied defendant’s CPL 330.30 (1) motion to set aside the verdict for legally insufficient evidence and defendant was sentenced as a persistent felony offender to concurrent prison terms of 15 years to life for each of the manslaughter and vehicular manslaughter counts, 30 days for reckless driving and 15 days each for the remaining four convictions. Defendant now appeals.
Defendant initially contends that insufficient evidence existed to establish that he was driving while intoxicated in
Although not alleging that the police lacked probable cause for his arrest, defendant asserts that the prosecution failed to prove that the blood test was conducted in a manner consistent with statutory requirements. We disagree. The record reveals that the accident occurred shortly after 5:00 p.m. and that when the State Police arrived at the hospital, defendant was unconscious. Nevertheless, at approximately 7:00 p.m., a State Trooper explained to defendant that he was a police officer and placed defendant under arrest. A blood sample was thereafter extracted from defendant at 8:28 p.m., which was within two hours of defendant’s arrest (see, People v Turner,
Defendant next contends that the manslaughter and vehicular manslaughter convictions are contrary to the weight and sufficiency of the evidence. In order to sustain a conviction of vehicular manslaughter in the first degree (see, Penal Law § 125.13) the People must demonstrate that defendant, with criminal negligence (see, Penal Law § 125.10), caused the death
During the trial, the People elicited testimony that defendant began drinking at a friend’s home during the early afternoon on the date of the accident and by 4:00 p.m. had consumed approximately one-half liter of liquor and was walking with an unsteady gait. Defendant was also observed later that afternoon holding a can of beer while operating his ATV which had no headlights and faulty brakes. Thereafter, defendant returned to his residence where he placed his five-year-old son on the ATV seat in front of him without providing him with a helmet. Several witnesses testified that defendant drove on Route 9 in an erratic manner immediately prior to the collision. At approximately 5:15 p.m., defendant was traveling at about 35 miles per hour in the southbound lane of Route 9 when he struck another vehicle as it was turning across the southbound lane to enter a driveway.
At the accident scene, the police discovered a broken brandy bottle and noticed the odor of alcohol in the air. An emergency medical technician who treated defendant testified that he detected the odor of alcohol on defendant’s breath, which was also noted by police officers at about 7:00 p.m. after defendant had been taken to the hospital. Blood tests performed at approximately 8:28 p.m. revealed a blood alcohol content of 0.17%. Based on the foregoing, we find that sufficient credible evidence was presented at trial to support the jury’s manslaughter in the second degree conviction since there was a valid line of reasoning and permissible inferences which made it rational for the jury to conclude that defendant perceived and consciously disregarded a substantial and unjustifiable risk of death to his child (see, People v Crandall, supra; People v Sands,
Lastly, defendant’s assertion that County Court failed to comply with Penal Law § 70.10 (2) in providing sufficient reasons for its decision to sentence him as a persistent felony offender is without merit. County Court specifically determined that extended incarceration would best serve the public interest due to defendant’s extensive criminal history, which included several theft-related crimes and a recent DWI conviction. The court indicated that such conduct demonstrated a wanton disregard of the law and the safety of individuals using the highways. Under these circumstances, we find that County Court adequately addressed defendant’s past criminal history and offered a sufficient explanation for its decision to sentence defendant as a persistent felony offender (see, People v James,
Defendant’s remaining contentions have been considered and found to be lacking in merit.
Cardona, P. J., Mercure, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.
Notes
Although the blood sample was taken pursuant to a court order, the results were admitted into evidence at trial under the implied consent provisions of Vehicle and Traffic Law § 1194.