Opinion
No. 2011–2836 S CR.
2013-04-12
The PEOPLE of the State of New York, Respondent, v. Anthony R. NEFF, Appellant.
Present: NICOLAI, P.J., IANNACCI and LaSALLE, JJ.
Appeal from a judgment of the District Court of Suffolk County, First District (Toni A. Bean, J.), rendered September 30, 2011. The judgment convicted defendant, upon his plea of guilty, of aggravated driving while intoxicated.
ORDERED that the judgment of conviction is affirmed.
Charged with driving while intoxicated (common law) (Vehicle and Traffic Law § 1192[3] ), aggravated driving while intoxicated (Vehicle and Traffic Law § 1192[2–a][a] ), and several traffic infractions, defendant agreed to a bargained-for plea and sentencing disposition pursuant to which he pleaded guilty to aggravated driving while intoxicated in exchange for a sentence of six months' incarceration, three years' probation with a number of conditions, and the dismissal of the remaining charges. Defendant was sentenced in accordance with the terms of the plea agreement. On appeal, defendant contends that his sentence was excessive.
As a general rule, a defendant who has been sentenced according to the terms of a bargained-for plea and sentencing agreement will not be heard to complain that the sentence was unduly harsh or excessive (People v. Galvez, 72 AD3d 838 [2010];People v. Ubiles, 59 AD3d 572 [2009];People v. Grigg, 53 AD3d 629, 630 [2008] ). Under the circumstances presented, we find no basis to deviate from that rule.
Accordingly, the judgment of conviction is affirmed.