People v Burshtynsky
2009 NY Slip Op 00865 [59 AD3d 1007]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent, v Loma J. Burshtynsky, Appellant.

—[*1] Gary A. Horton, Public Defender, Batavia (Bridget L. Field of counsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered December 18, 2007. The judgment convicted defendant, upon her plea of guilty, of driving while intoxicated as a class E felony.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Martoche, J.P., Fahey, Green, Pine and Gorski, JJ.