Appellate Division of the Supreme Court of the State of New York June 13, 2003 (People v. Smith)

—Appeal from a judg*859ment of Cattaraugus County Court (Himelein, J.), entered April 8, 2002, convicting defendant after a jury trial of, inter alia, felony driving while intoxicated.

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