
    The People of the State of New York, Respondent, v Engleburt K. Unterburger, Appellant.
    [762 NYS2d 552]
   Appeal from a judgment of Cattaraugus County Court (Himelein, J.), entered October 21, 2002, convicting defendant upon his plea of guilty of, inter alia, driving while intoxicated as a felony.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed {see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present — Pine, J.P., Hurlbutt, Scudder, Kehoe and Lawton, JJ.  