Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered August 3, 2010. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class E felony. It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Weather (106 AD3d 1518 [2013]). Present—Scudder, P.J., Centra, Garni, Sconiers and Martoche, JJ.