People v. Ballman

OPINION OF THE COURT

Pine, J.

I

In this appeal from a judgment convicting him following a plea of guilty of felony driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]), defendant raises, inter alia, an issue of first impression in contending that his 1999 out-of-state conviction was improperly used to *11elevate his DWI offense from a misdemeanor to a felony. For the reasons that follow, we agree.

II

Specifically, defendant contends that out-of-state convictions occurring before November 1, 2006 cannot be used as predicate offenses to elevate DWI charges…