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Conviction upheld in 2011 fatal drunken driving crash

January 7, 2016

SPRINGFIELD, Mass. (AP) — A western Massachusetts man convicted in a 2011 drunken driving crash that killed a 29-year-old man in West Springfield will not have his sentence reduced.

The Springfield Republican reports (http://bit.ly/1PPDPrr ) Hampden Superior Court Judge Edward McDonough denied the request of Daniel Leary’s attorney to downgrade his client’s conviction to misdemeanor motor vehicle homicide by negligent driving.

Instead, McDonough ruled to uphold Leary’s initial conviction of motor vehicle homicide while under the influence of alcohol and negligent driving, a felony offense with the drunken driving component.

Barbara Munro, Leary’s attorney, argued that her client’s trial judge made an error in not instructing jurors that they could convict him of a lesser charge.

Leary’s July 2013 sentence of five to seven years in prison for the death of David Laduzenski will stand.

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Information from: The Springfield (Mass.) Republican, http://www.masslive.com/news/

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