People v Lobello
2007 NY Slip Op 10274 [46 AD3d 1405]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


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

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered May 30, 2006. The judgment convicted defendant, upon his plea of guilty, of felony driving while intoxicated.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed (see People v Griffin, 239 AD2d 936 [1997]). Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.