—Judgment unanimously reversed on the law, plea vacated and matter remitted to Supreme Court for further proceedings on the indictment. Same Memorandum as in People v Gerstner (270 AD2d 837 [decided herewith]). (Appeal from Judgment of Supreme Court, Monroe County, Affronti, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Hayes, Hurlbutt and Lawton, JJ.
The People of the State of New York, Respondent, v. Gerard J. Gerstner, Appellant
270 A.D.2d 838705 N.Y.S.2d 542
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