| People v Kelly |
| 2004 NY Slip Op 05867 [9 AD3d 919] |
| Decided on July 9, 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 July 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GORSKI, MARTOCHE, LAWTON, AND HAYES, JJ.
1016 KA 03-02118
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
DONALD KELLY, JR., DEFENDANT-APPELLANT.
Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered September 30, 2003. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated as a felony.
RONALD C. VALENTINE, PUBLIC DEFENDER, LYONS (DAVID M. PARKS OF COUNSEL), FOR DEFENDANT-APPELLANT.
RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (MARY ANNE KOLB OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: July 9, 2004
JoAnn M. Wahl
Clerk of the Court