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,
CLAYTON KING, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered April 25, 2007. The judgment convicted defendant, upon his plea of guilty, of felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree.
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: HURLBUTT, J.P., CENTRA, FAHEY, AND PERADOTTO, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by reducing the mandatory surcharge to $250 and as modified the judgment is affirmed.
Same Memorandum as in People v King ([appeal No. 1] ___ AD3d ___ [Dec. 31, 2008]).
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