People v. Gerstner (270 A.D.2d 838, 2000)

—Judgment unanimously reversed on the law, plea vacated and matter remitted to Supreme Court for further proceedings on the indictment. Same Memorandum as in People v Gerstner (270 AD2d 837 [decided herewith]). (Appeal from Judgment of Supreme Court, Monroe County, Affronti, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Hayes, Hurlbutt and Lawton, JJ.