
    The People of the State of New York, Respondent, v Thomas Van Every, Appellant.
    (Appeal No. 2.)
    [767 NYS2d 343]
   Appeal from a judgment of Erie County Court (Drury, J.), entered November 29, 2000, convicting defendant upon his plea of guilty of, inter alia, driving while intoxicated as a felony.

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

Same memorandum as in People v Van Every (1 AD3d 977 [2003]). Present—Pine, J.P., Hurlbutt, Kehoe, Lawton and Hayes, JJ.  