Opinion
12-23-2016
The PEOPLE of the State of New York, Respondent, v. Samuel DiPALMA, Defendant–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.
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.
Same memorandum as in People v. DiPalma (Appeal No. 2), –––A.D.3d ––––, ––– N.Y.S.3d ––––, 2016 WL 7422059 (Dec. 23, 2016).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., CENTRA, LINDLEY, DeJOSEPH, and SCUDDER, JJ., concur.