People v Yazzie
2018 NY Slip Op 02969 [160 AD3d 1432]
April 27, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 30, 2018


[*1]
 The People of the State of New York, Respondent,
v
Valvano Yazzie, Appellant. (Appeal No. 2.)

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of counsel), for defendant-appellant.

John J. Flynn, District Attorney, Buffalo (David A. Heraty of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), rendered June 8, 2016. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class E felony.

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

Same memorandum as in People v Yazzie ([appeal No. 1] 160 AD3d 1431 [4th Dept 2018]). Present—Whalen, P.J., Centra, Lindley, Curran and Troutman, JJ.