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People v. Miller

Appellate Division of the Supreme Court of New York, Third Department
Dec 19, 1996
234 A.D.2d 804 (N.Y. App. Div. 1996)

Opinion

December 19, 1996.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered October 13, 1995, convicting defendant upon his plea of guilty of the crime of operating a motor vehicle while under the influence of alcohol.

Before: Mikoll, J.P., Casey, Yesawich Jr., Spain and Carpinello, JJ.


Defendant pleaded guilty to operating a motor vehicle while under the influence of alcohol, a felony, in satisfaction of an indictment charging two counts of operating a motor vehicle while under the influence of alcohol as well as an outstanding ticket. As part of the plea agreement, the People agreed to recommend a sentence of five years' probation, revocation of defendant's driving privileges and the imposition of a fine, and also reserved the right to request a six-month jail term depending on the contents of the presentence report.

While awaiting sentencing, defendant was arrested for and pleaded guilty to aggravated unlicensed operation of a motor vehicle. In light of these interim events, County Court refused to accede to the agreed-upon sentence. Although the court afforded defendant the opportunity to withdraw his guilty plea, defendant declined to do so. Defendant was then sentenced to a prison term of 1 to 4 years, his driving privileges were revoked and a fine imposed.

Defendant's sole contention on appeal is that this sentence is harsh and excessive. Specifically, defendant argues that a six-month jail term and five years' probation is a more appropriate sentence. Upon our review of the record, we disagree. In light of defendant's prior driving while intoxicated conviction and, in particular, his interim aggravated unlicensed operation of a motor vehicle conviction, we cannot conclude that a reduction of the sentence is warranted in the interest of justice (see, CPL 470.15 [b]; People v Mackey, 136 AD2d 780, 781, lv denied 71 NY2d 899).

Ordered that the judgment is affirmed.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Third Department
Dec 19, 1996
234 A.D.2d 804 (N.Y. App. Div. 1996)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE J. MILLER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 19, 1996

Citations

234 A.D.2d 804 (N.Y. App. Div. 1996)
652 N.Y.S.2d 112

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