Appellate Division of the Supreme Court of the State of New York October 1, 2002 (People v. Obieke)

—Appeal from a judgment of Supreme Court, Monroe County (Mark, J.), entered *932January 4, 2001, convicting defendant after a jury trial of felony driving while intoxicated (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed and the matter is remitted to Supreme Court, Monroe County, for proceedings pursuant to CPL 460.50 (5).