| People v Van Every |
| 2003 NY Slip Op 18673 [1 AD3d 979] |
| November 21, 2003 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
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| The People of the State of New York, Respondent, v Thomas Van Every, Appellant. (Appeal No. 2.) |
— Appeal from a judgment of Erie County Court (Drury, J.), entered November 29, 2000, convicting defendant upon his plea of guilty of, inter alia, driving while intoxicated as a felony.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Same memorandum as in People v Van Every (1 AD3d — [2003]). Present—Pine, J.P., Hurlbutt, Kehoe, Lawton and Hayes, JJ.