| People v Barrett |
| 2004 NY Slip Op 01911 [5 AD3d 1130] |
| Decided on March 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., PINE, SCUDDER, KEHOE, AND GORSKI, JJ.
280 KA 02-02419
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
CORY S. BARRETT, DEFENDANT-APPELLANT. (APPEAL NO. 1.)
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered September 9, 2002. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated as a felony.
JOHN E. TYO, SHORTSVILLE, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JAMES B. RITTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court