People v Essler
2010 NY Slip Op 05147 [74 AD3d 1832]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


The People of the State of New York, Respondent, v Shawn M. Essler, Appellant.

—[*1] Charles T. Noce, Rochester, for defendant-appellant. Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), rendered May 7, 2009. The judgment convicted defendant, upon a nonjury verdict, of driving while intoxicated, as a class E felony.

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