¶1—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oneida County Court for further proceedings in accordance with the same Memorandum as in People v Nosek (236 AD2d 892 [decided herewith]). (Appeal from Judgment of Oneida County Court, Donalty, J.—Felony Driving While Intoxicated.) Present—Green, J. P., Lawton, Doerr, Balio and Fallon, JJ.
236 A.D.2d 894
People v. Nosek
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 1997
Appellate Division of the Supreme Court of the State of New York · decided 1997-02-07
Decided 1997-02-07