
    The People of the State of New York, Respondent, v Rory Kyler, Appellant.
    [924 NYS2d 884]
   Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered October 6, 2009. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class E felony.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Lococo, 92 NY2d 825, 827 [1998]). Present — Centra, J.P., Fahey, Garni, Sconiers and Green, JJ.  