People v Gartler
2013 NY Slip Op 02940 [105 AD3d 1440]
April 26, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


The People of the State of New York, Respondent, v Kenneth J. Gartler, Appellant.

—[*1] Scott F. Riordan, Kenmore, for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered January 26, 2010. The judgment convicted defendant, upon a jury verdict, of driving while intoxicated, a class E felony, and driving while ability impaired.

It is hereby ordered that the judgment so appealed from is unanimously affirmed for reasons stated in the decision at County Court. Present—Smith, J.P., Fahey, Peradotto, Lindley and Whalen, JJ.