People v. Viano

—Appeals by the defendant from (1) a judgment of the Supreme Court, Queens County (Rotker, J.), rendered August 24, 1999, convicting him of driving while intoxicated as a felony, after a nonjury trial, and imposing sentence, and (2) a resentence of the same court, imposed January 12, 2000.

Ordered that the judgment and the resentence are affirmed.

The defendant was indicted on one count of driving while intoxicated as a felony, pursuant to Vehicle and Traffic Law § 1192 (3). Although the defendant’s prior conviction of driving while intoxicated elevated the offense charged from a misdemeanor to…