People v Tuszynski
The People of the State of New York, Respondent, v Dean S. Tuszynski, Appellant. (Appeal No. 2.)
—[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Robert P. Rickert of counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Robert E. Rust, Jr., of counsel), for respondent.
Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered February 21, 2006. The judgment convicted defendant, upon his plea of guilty, of felony driving while intoxicated.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Onondaga County Court for further proceedings in accordance with the same memorandum as in People v Tuszynski (57 AD3d 1380 ). Present—Scudder, P.J., Martoche, Lunn, Peradotto and Green, JJ.