People v Carbajal
2011 NY Slip Op 03363 [83 AD3d 1503]
April 29, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


The People of the State of New York, Respondent, v Victor M. Carbajal, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (Mark C. Davison of counsel), for defendant-appellant. Michael C. Green, District Attorney, Rochester (Nancy Gilligan of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered April 4, 2008. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree and driving while intoxicated, a class E felony.

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