People v Frye
2004 NY Slip Op 04963 [8 AD3d 1131]
Decided on June 14, 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 June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: HURLBUTT, J.P., SCUDDER, GORSKI, MARTOCHE, AND HAYES, JJ.

778 KA 01-01312

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

v

JON M. FRYE, DEFENDANT-APPELLANT.



Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered March 22, 2001. The judgment convicted defendant, upon a jury verdict, of manslaughter in the second degree, assault in the second degree, driving while intoxicated as a misdemeanor (two counts), aggravated unlicensed operation of a motor vehicle in the third degree, and traffic violations.


FRANK J. NEBUSH, JR., PUBLIC DEFENDER, UTICA (ESTHER COHEN LEE OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL A. ARCURI, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court