
    The People of the State of New York, Respondent, v Joseph Nosek, Appellant.
    (Appeal No. 2.)
    [654 NYS2d 702]
   —Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oneida County Court for further proceedings in accordance with the same Memorandum as in People v Nosek (236 AD2d 892 [decided herewith]). (Appeal from Judgment of Oneida County Court, Donalty, J.—Felony Driving While Intoxicated.) Present—Green, J. P., Lawton, Doerr, Balio and Fallon, JJ.  