
    The People of the State of New York, Respondent, v Shawn M. Essler, Appellant.
    [901 NYS2d 895]
   Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), rendered May 7, 2009. The judgment convicted defendant, upon a nonjury verdict, of driving while intoxicated, as a class E felony.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Centra, J.P., Fahey, Peradotto, Lindley and Pine, JJ.  