People v Tuszynski

People v Tuszynski 2008 NY Slip Op 10265 [57 AD3d 1381] December 31, 2008 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

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 [2008]). Present—Scudder, P.J., Martoche, Lunn, Peradotto and Green, JJ.