People v Bailey
2011 NY Slip Op 03411 [83 AD3d 1533]
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 Michael D. Bailey, Appellant.

—[*1] Davison Law Office PLLC, Canandaigua (Mary P. Davison of counsel), for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Heather A. Parker of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered November 19, 2009. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, as a class D felony (two counts) 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—Smith, J.P., Peradotto, Carni, Sconiers and Green, JJ.