¶1Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered January 26, 2004. The judgment convicted defendant, upon his plea of guilty, of misdemeanor driving while intoxicated.
¶2It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
¶3Same memorandum as in People v Carpenter (13 AD3d 1193 [2004] ). Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Martoche and Smith, JJ.