People v Tantalo
2007 NY Slip Op 07252 [43 AD3d 1436]
September 28, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


The People of the State of New York, Respondent, v Joseph A. Tantalo, Appellant.

—[*1] Edward J. Nowak, Public Defender, Rochester (James Eckert of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered May 27, 2005. The judgment convicted defendant, after a nonjury trial, of driving while intoxicated as a felony and violations of the Vehicle and Traffic Law.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Present—Scudder, P.J., Hurlbutt, Lunn, Fahey and Pine, JJ.