ELIZABETHTOWN -- Steven Baker pleaded guilty to a top count of manslaughter in Essex County Court Thursday for driving drunk and hitting and killing Albert Montanaro III on Jan. 16, 2006.

Baker will likely serve two and one-third to seven years in prison. He waived any right to appeal.

Baker's guilty plea avoids a second trial. The original guilty verdict, handed down after five days of witness testimony, was overturned on appeal because the prosecution did not lay proper foundation for blood-alcohol tests.

SENTENCE DELAY

Baker, 26, of West Chazy asked that sentencing be delayed until September so he could see his daughter off to school.

District Attorney Julie Garcia asked Judge Richard B. Meyer to speed up sentencing, closing the time the Montanaros would have to wait for the last day in court.

"It's not fair to the victim's family to prolong sentencing so Baker can spend time with his family."

"He wants to go with his daughter when she goes to school," Public Defender Livingston Hatch told the court. "And straighten things out in his life before he goes back to prison."

Meyer set the date to Sept. 16 and ordered a pre-sentence investigation.

"He's appeared every time," Meyer said, setting no bail.

"That concludes this case."

RELEASED

Baker was released on his own recognizance and left the courtroom quickly with his mother and stepfather.

Hatch said the lesser sentence -- second-degree manslaughter normally carries four to 12 years -- was part of the agreement.

"The purpose of the plea is to reduce the cost, to not go through the whole thing (trial) again," Hatch said. "Remember what happens if you keep the blood-alcohol count out. There's no case."