People v Francis
2008 NY Slip Op 06093 [53 AD3d 1114]
July 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008


The People of the State of New York, Respondent, v James C. Francis, Jr., Appellant. (Appeal No. 2.)

—[*1] John E. Tyo, Shortsville, for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Michelle Crowley of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered January 30, 2007. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated as a felony and aggravated unlicenced operation of a motor vehicle in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Smith, Lunn, Green and Gorski, JJ.