That will be an interesting legal battle to watch. Since the provisions of the NYS Navigation Law define "vessel" as a mechanically propelled boat, the Penal Law charge of Criminally Negligent Homicide is the correct one based on the letter of the law. And yet, it seems he was charged at least in part based on the fact that he was guiding the boat while intoxicated, which is not illegal as the raft falls outside of the scope of the Naviagtion Law. It will be interesting to hear the other circumstances of the accident and to see if the charge sticks.