People v Winn
2004 NY Slip Op 02062 [5 AD3d 1131]
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: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, GORSKI, AND HAYES, JJ.

461 KA 02-01082

[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER

v

BERNARD ANTHONY WINN, JR., DEFENDANT-APPELLANT.



Appeal from a judgment of the Oneida County Court (Joseph D. McGuire, J.), rendered December 18, 2001. The judgment convicted defendant, upon a jury verdict, of driving while intoxicated as a felony and consuming or possessing alcohol in a motor vehicle.


FRANK J. NEBUSH, JR., PUBLIC DEFENDER, UTICA (STEWART A. ROBERTS OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL A. ARCURI, DISTRICT ATTORNEY, UTICA (NICOLE L. BOSHART 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