On April 4, 2006, defendant was driving at night, on a wet, unlit two-lane highway, in excess of the posted speed limit, when his vehicle crossed into the oncoming lane and, without braking, collided with another car. As a result, two of the occupants in the other car were injured, and the third, Brian Dunlavey, was killed. All three victims were teenagers. Immediately prior to the accident, defendant worked approximately 13 hours in his job as a correction officer at a state correctional facility before stopping for several drinks on his way home.
A jury convicted defendant of manslaughter in the second degree, vehicular manslaughter in the second degree, assault in the third degree, vehicular assault in the second degree, assault in the second degree, driving while intoxicated (two counts) and failure to keep right, prompting defendant’s appeal. The People concede that both driving while intoxicated counts (Vehicle and Traffic Law § 1192 [2], [3]) must be dismissed as lesser inclusory concurrent counts in light of defendant’s conviction for vehicular manslaughter in the second degree (Penal Law § 125.12 [1]; see People v Osborne, 60 AD3d 1310, 1310-1311 [2009], lv denied 12 NY3d 919 [2009]).
Contrary to defendant’s contentions, we find that County Court properly admitted the results of defendant’s chemical blood test results into evidence. Defendant consented to the blood test after being read Vehicle and Traffic Law refusal and Miranda warnings. Testing revealed that approximately two hours after the accident, defendant’s blood alcohol content was .12% by weight. Extrapolating from these test results, expert testimony at trial estimated defendant’s blood alcohol content to be between .14% and .15% at the time of the accident.
We next review the legal sufficiency and weight of the evidence. When reviewing legal sufficiency, we view the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]; People v Curkendall, 12 AD3d 710, 711 [2004], lv denied 4 NY3d 743 [2004]) and will not disturb the verdict so long as the evidence demonstrates a valid line of reasoning and permissible inferences that could lead a rational person to the conclusion reached by the jury (see People v Bleakley, 69 NY2d 490, 495 [1987]; People v Hines, 39 AD3d 968, 969 [2007], lv denied 9 NY3d 876 [2007]).
Evidence that defendant followed a 13-hour shift at work by drinking four or five vodka cocktails at a local bar before continuing his drive home was not refuted. Witnesses smelled alcohol on defendant while he was being treated en route to and at the hospital and heard defendant say repeatedly that he would never drink again. A chemical blood test confirmed defendant’s blood alcohol content. Crash reconstruction evidence revealed that defendant was exceeding the speed limit, crossed into the oncoming lane of traffic, and failed to apply his brakes before the crash. This evidence corroborated the other driver’s testimony. A search of the crash site revealed no evidence of an animal crossing the road or any similar factor that might negate or mitigate defendant’s recklessness in leaving his lane of travel. Defendant completed a seven-week long drinking and driving educational program in November 2004, less than 18 months before this fatal accident. The program addressed the effects of alcohol on a driver’s perception and judgment and included participation in a victim’s impact panel and was therefore probative on the issue of recklessness (see People v Kenny, 175 AD2d 404, 406 [1991], lv denied 78 NY2d 1012 [1991]). Consequently, the convictions are supported by legally sufficient evidence, including evidence that defendant created and consciously disregarded a substantial and unjustifiable risk of death (see Penal Law § 15.05 [3]; People v Hart, 266 AD2d 698, 700 [1999], lv denied 94 NY2d 880 [2000]).
When determining whether convictions are against the weight
Next, defendant’s challenge to the sufficiency of the evidence presented to the grand jury is precluded by his conviction on legally sufficient evidence (see CPL 210.30 [6]; People v Smith, 4 NY3d 806, 808 [2005]; People v Gratton, 51 AD3d 1219, 1221 [2008], lv denied 11 NY3d 736 [2008]; People v Jamison, 45 AD3d 1438, 1440 [2007], lv denied 10 NY3d 766 [2008]) and error, if any, in the instructions given to the grand jury regarding the manslaughter charge was harmless in light of the proper charge given to the petit jury (see People v Gratton, 51 AD3d at 1221).
Finally, defendant’s sentence was not harsh and excessive. Defendant failed to preserve for our review, by timely objection or motion, any defect in the presentence report (see CPL 470.05 [2]; People v Perea, 27 AD3d 960, 961 [2006]; People v Peterson, 7 AD3d 882, 882 [2004]; People v Davila, 238 AD2d 625, 626 [1997]). Defendant was sentenced to aggregate concurrent prison terms of 5 to 15 years and three years of postrelease supervision. As we perceive no abuse of discretion by the sentencing court or extraordinary circumstances warranting modification, the sentence will not be disturbed (see People v Warren, 300 AD2d 692, 694 [2002], lv denied 99 NY2d 621 [2003]; People v Kenny, 175 AD2d at 406).
Cardona, EJ., Spain, Lahtinen and Stein, JJ., concur. Ordered that the judgment is modified, on the law, by reversing defendant’s convictions for driving while intoxicated under counts five and six of the indictment; said counts dismissed and the sentences imposed thereon vacated; and, as so modified, affirmed.