
    The People of the State of New York, Respondent, v Samuel DiPalma, Appellant.
    (Appeal No. 1.)
    [42 NYS3d 886]
   Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered October 15, 2013. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, as a class E felony.

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

Same memorandum as in People v DiPalma ([appeal No. 2] 145 AD3d 1647 [2016]).

Present—Whalen, P.J., Centra, Lindley, DeJoseph and Scudder, JJ.  