| People v DiPalma |
| 2016 NY Slip Op 08793 [145 AD3d 1647] |
| December 23, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Samuel DiPalma, Appellant. (Appeal No. 1.) |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of counsel), for defendant-appellant.
Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Nicholas T. Texido of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered October 15, 2013. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, as a class E felony.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v DiPalma ([appeal No. 2] 145 AD3d 1647 [2016]). Present—Whalen, P.J., Centra, Lindley, DeJoseph and Scudder, JJ.