A New York appeals court has thrown out the manslaughter conviction of a man who prosecutors argued was driving drunk and triggered crashes that caused the death of a police officer in 2012.

The judges argued too much time elapsed between James Ryan's actions on the Long Island Expressway and the death of Officer Joseph Olivieri.

According to Newsday , Ryan sideswiped another car, stopped and was rear-ended. Sometime later, Olivieri parked on the right shoulder and was struck and killed by another driver as he crossed the expressway.

Ryan's lawyer says he never should have been responsible for the officer's death. The judges upheld his conviction on driving while intoxicated and other crimes. Ryan's blood alcohol level was .12 an hour after the accident. The legal limit is .08.

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Information from: Newsday, http://www.newsday.com