Majority
p. 963The People of the State of New York, Respondent, v Jose H. Delfaus, Appellant. (Appeal No. 2.) [671 NYS2d 391]
Judgment unanimously affirmed. Same Memorandum as in
p. 964
People v Delfaus ([appeal No. 1] 249 AD2d 963 [decided herewith]). (Appeal from Judgment of Monroe County Court, Smith, J.— Felony Driving While Intoxicated.) Present — Green, J. P., Law-ton, Hayes, Pigott, Jr., and Balio, JJ.