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PEOPLE v. BALLMAN

64 A.D.3d 9 (2009)

877 N.Y.S.2d 771

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL J. BALLMAN, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 24, 2009.

Attorney(s) appearing for the Case

Daniel J. Ballman, pro se, and Shirley A. Gorman, Albion, for appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Nicholas J. Evanovich and Kirk S. Hazen of counsel), for respondent.

MARTOCHE, J.P., SMITH, CENTRA and FAHEY, JJ., concur.

OPINION OF THE COURT

PINE, J.

I

In this appeal from a judgment convicting him following a plea of guilty of felony driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]), defendant raises, inter alia, an issue of first impression in contending that his 1999 out-of-state conviction was improperly used to elevate his DWI offense from a misdemeanor to a...

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