Opinion
KA 04-00089.
June 10, 2005.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered December 1, 2003. The judgment convicted defendant, upon his plea of guilty, of felony driving while intoxicated.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (ERIC M. DOLAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Scudder, J.P., Kehoe, Smith, Pine and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed for reasons stated in decision at suppression court and the matter is remitted to Monroe County Court for proceedings pursuant to CPL 460.50 (5).