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Carlos Rivas, 39, of Murray Hill, Queens, was in custody last night after being charged with criminally negligent homicide, vehicular manslaughter and drunken driving, after allegedly crashing his Ford Explorer into the median of the Long Island Expressway near the 108th St. exit about 4 a.m. Wednesday morning.

Rivas's front seat passenger, Carlos Rivas, 27, of Bayside, was pronounced dead on arrival at Booth Memorial Hospital. Three backseat passengers were taken to Elmhurst General Hospital, but expected to recover, police said.

Police said they did not know the family relationship of the driver to the deceased.

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