Appellate Division of the Supreme Court of the State of New York April 7, 2011 (People v. Herringshaw)

Stein, J.

Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered May 10, 2010, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

In satisfaction of a five-count indictment, defendant pleaded guilty to a single count of driving while intoxicated. Pursuant to the plea agreement, defendant would be permitted to enter drug court.