A Schenectady County Court judge rejected a plea offer Monday that would have merged a vehicular assault sentence with an unrelated burglary case.
Kyle Duddy, 26, address unavailable, was in court for a possible plea deal related to allegations he drove drunk in November and smashed into another car, injuring its driver.
The accident happened just before 10 p.m. Nov. 5 on an on-ramp to the Thruway at Exit 26 in Rotterdam, prosecutor Stephanie Hughes said.
“He was getting on the Thruway, she was getting off the Thruway,” Hughes said. “He had already gone through the tolls and she had yet to go through the tolls.”
Duddy is accused of smashing into the other driver head-on. The force of the impact pushed the woman’s leg back, shattering her hip, Hughes said.
Duddy submitted to a blood test and initially was charged with driving while intoxicated. The vehicular assault charge was added after the extent of the woman’s injuries became clear.
“She’s OK,” Hughes said of the other driver. “She survived, but it’s a long road ahead.”
Duddy recently began an unrelated 1- to 3.5-year sentence for a third-degree attempted burglary conviction in Orange County. He was transported from prison to appear in court Monday.
Schenectady County prosecutors offered Duddy a one- to three-year sentence in exchange for a guilty plea to vehicular assault. That prison term, though, would have run concurrently with the burglary sentence.
After a conference, Judge Karen Drago rejected the deal. She said because of what she knows of the case, including the woman’s injuries, she would accept the deal only if the prison time was served consecutively to the burglary case.
With that, the case was adjourned without a return date.