People v Henry
2009 NY Slip Op 09889 [68 AD3d 1777]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


The People of the State of New York, Respondent, v Gene D. Henry, Appellant.

[*1] Charles A. Marangola, Moravia, for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Diane M. Adsit of counsel), for respondent.

Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered December 4, 2008. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class E felony, and aggravated unlicensed operation of a motor vehicle in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Scudder, P.J., Centra, Fahey, Carni and Pine, JJ.