SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 31, 2008
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DEAN S. TUSZYNSKI, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
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.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SCUDDER, P.J., MARTOCHE, LUNN, PERADOTTO, AND GREEN, JJ.
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 ([appeal No. 1] ___ AD3d ___ [Dec. 31, 2008]).
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