People v. Seitz

OPINION OF THE COURT

Larry M. Himelein, J.

*642Defendant was convicted of misdemeanor driving while intoxicated (DWI) in the Ellicottville Town Court on March 12, 2003, based upon her plea of guilty. Having now been charged with felony DWI, defendant moved in Town Court to set aside the underlying conviction. Town Court denied the motion and this court granted a certificate pursuant to CPL 460.15 authorizing a discretionary appeal to County Court.

Defendant contends that Town Court’s return, which presumably includes the entire file, fails to establish that the court conducted a sufficient plea…