People v. Malfetano (Joseph)

The People of the State of New York, Respondent,

against

Joseph Malfetano, Appellant.

John R. Lewis, for appellant. Westchester County District Attorney (William C. Milaccio and Steven A. Bender of counsel), for respondent.

Appeal from judgments of the City Court of New Rochelle, Westchester County (Anthony A. Carbone, J.), rendered November 21, 2016. The judgments convicted defendant, after a nonjury trial, of driving while intoxicated (common law) and refusing to submit to a breath test, respectively, and imposed sentences.

ORDERED that the judgment convicting defendant of refusing to submit to…