People v Smrek
2013 NY Slip Op 04528 [107 AD3d 1604]
June 14, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


The People of the State of New York, Respondent, v Daniel S. Smrek, Appellant. (Appeal No. 2.)

—[*1] Carr Saglimben LLP, Olean (Jay D. Carr of counsel), for defendant-appellant.

Lori P. Rieman, District Attorney, Little Valley (Kelly M. Balcom of counsel), for respondent.

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered December 20, 2011. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class D felony and aggravated unlicensed operation of a motor vehicle in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Smrek (107 AD3d 1604 [2013]). Present—Centra, J.P., Peradotto, Sconiers, Valentino and Whalen, JJ.