Appellate Division of the Supreme Court of the State of New York July 9, 2004 (People v. Brown)

*885Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered September 15, 2003. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated as a felony.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.