People v Flagg
2013 NY Slip Op 04537 [107 AD3d 1614]
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
Christian L. Flagg, Appellant. (Appeal No. 2.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Alan Williams of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered June 6, 2011. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a misdemeanor, and vehicular manslaughter in the second degree.

It is hereby ordered that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed and the judgment is otherwise affirmed.

Same memorandum as in People v Flagg (107 AD3d 1613 [2013]). Present—Centra, J.P., Peradotto, Sconiers, Valentino and Whalen, JJ.