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PEOPLE v. BALLMAN

No. 100.

15 N.Y.3d 68 (2010)

930 N.E.2d 282

904 N.Y.S.2d 361

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

Court of Appeals of New York.

Decided June 10, 2010.

Attorney(s) appearing for the Case

R. Michael Tantillo , District Attorney, Canandaigua ( Catherine A. Walsh of counsel), for appellant-respondent.

Shirley A. Gorman , Brockport, for respondent-appellant.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

This appeal raises the issue whether Vehicle and Traffic Law § 1192 (8) allows an out-of-state conviction occurring prior to November 1, 2006 to be considered for purposes of elevating a charge of driving while intoxicated from a misdemeanor to a felony. We hold that it does not.

Defendant was indicted for driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1...

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