People v. Randle

Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered April 19, 2012. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class E felony (three counts).

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing that part convicting defendant of count three of the superior court information, vacating the plea with respect to that count and dismissing that count, and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting *1269him upon his plea of guilty…