Opinion
2013-06-14
The PEOPLE of the State of New York, Respondent, v. Daniel S. SMREK, Defendant–Appellant. (Appeal No. 2.)
Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered December 20, 2011. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class D felony and aggravated unlicensed operation of a motor vehicle in the second degree. Carr Saglimben LLP, Olean (Jay D. Carr of Counsel), for Defendant–Appellant. Lori P. Rieman, District Attorney, Little Valley (Kelly M. Balcom of Counsel), for Respondent.
Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered December 20, 2011. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class D felony and aggravated unlicensed operation of a motor vehicle in the second degree.
Carr Saglimben LLP, Olean (Jay D. Carr of Counsel), for Defendant–Appellant. Lori P. Rieman, District Attorney, Little Valley (Kelly M. Balcom of Counsel), for Respondent.
Same Memorandum as in People v. Smrek (Appeal No. 1) 107A.D.3d 1604, 966 N.Y.S.2d 732 (June 14, 2013).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.