People v Kostyj
2005 NY Slip Op 09905 [24 AD3d 1327]
Decided on December 22, 2005
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 December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: GREEN, J.P., HURLBUTT, KEHOE, GORSKI, AND MARTOCHE, JJ.

1497 KA 05-01539

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

v

NORBERT P. KOSTYJ, DEFENDANT-APPELLANT.



Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered April 5, 2004. The judgment convicted defendant, after a nonjury trial, of, inter alia, driving while intoxicated as a felony and aggravated unlicensed operation of a motor vehicle in the first degree.


MICHAEL STEINBERG, ROCHESTER, FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (MICHAEL J. NOLAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court