An accused Town of Union drug dealer can be tried for manslaughter for allegedly selling drugs known to be deadly.

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The New York State Supreme Court Appellate Division has ruled in favor of the Broome County District Attorney over a county court judge who had dismissed a manslaughter charge against 31-year-old Richard Gaworecki in the August, 2017 overdose death of Nicholas McKiernan of Johnson City.

Johnson City Police accused Gaworecki of selling heroin laced with fentanyl to McKiernman between July 21 and 22, 2017 at a home on Charlotte Street in the City of Binghamton.  Prosecutors said they had surveillance footage of the sale and tips from witnesses.

McKiernman died of a drug overdose.

In addition to manslaughter, Gaworecki Is charged with felony criminal sale of a controlled substance, and misdemeanor counts of criminal sale of a controlled substance and criminal possession of a hypodermic instrument.

District Attorney Stephen Cornwell says the decision confirms his office’s position and they will move forward with the case.