People v Zeiner
2009 NY Slip Op 06889 [66 AD3d 1337]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Respondent, v Gerald Zeiner, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (James Eckert of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Loretta S. Courtney of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), rendered February 8, 2006. The judgment convicted defendant, upon a jury verdict, of driving while intoxicated, a class D felony (two counts).

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