SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 396 KA 10-00230 PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND WHALEN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ORDER KENNETH J. GARTLER, DEFENDANT-APPELLANT. SCOTT F. RIORDAN, KENMORE, FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered January 26, 2010. The judgment convicted defendant, upon a jury verdict, of driving while intoxicated, a class E felony, and driving while ability impaired. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed for reasons stated in the decision at County Court. Entered: April 26, 2013 Frances E. Cafarell Clerk of the Court