People v Brown
2008 NY Slip Op 05160 [52 AD3d 1236] [52 AD3d 1236]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent, v Germaine Brown, Appellant. (Appeal No. 1.)

—[*1] Eoannou, Lana & D'Amico, Buffalo (Jeremy D. Schwartz of counsel), for defendant-appellant.

Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered May 23, 2007. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed, and the matter is remitted to Niagara County Court for proceedings pursuant to CPL 460.50 (5). Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.