June 14, 2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
CHRISTIAN L. FLAGG, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered June 6, 2011. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a misdemeanor, and vehicular manslaughter in the second degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, SCONIERS, VALENTINO, AND WHALEN, JJ.
It is hereby ORDERED that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed and the judgment is otherwise affirmed.
Same Memorandum as in People v Flagg ([appeal No. 1] ___ A.D.3d ___ ).