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People v. Sierra

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Mar 27, 2015
2015 N.Y. Slip Op. 2626 (N.Y. App. Div. 2015)

Opinion

364 KA 11-02123

03-27-2015

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANIEL SIERRA, DEFENDANT-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.


PRESENT: , PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.

Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered September 15, 2011. The judgment convicted defendant, upon his plea of guilty, of aggravated driving while intoxicated, a class D felony.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of felony aggravated driving while intoxicated (Vehicle and Traffic Law §§ 1192 [2-a] [a]; 1193 [1] [c] [ii]). Contrary to defendant's contention, County Court properly sentenced him pursuant to Penal Law § 60.21 to a five-year period of probation to run consecutively to his indeterminate term of imprisonment (see Vehicle and Traffic Law § 1193 [1] [c] [iii]; People v Segatol-Islami, 121 AD3d 1575, 1577; People v O'Brien, 111 AD3d 1028, 1029). "Inasmuch as the plain language of the statutes requires a sentencing court to impose a period of probation or conditional discharge in addition to any fine or term of imprisonment for convictions pursuant to Vehicle and Traffic Law § 1192, the Legislature clearly intended this type of cumulative sentence for felony driving while intoxicated convictions" (People v Brainard, 111 AD3d 1162, 1164).

Entered: March 27, 2015

Frances E. Cafarell

Clerk of the Court


Summaries of

People v. Sierra

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Mar 27, 2015
2015 N.Y. Slip Op. 2626 (N.Y. App. Div. 2015)
Case details for

People v. Sierra

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANIEL SIERRA…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Mar 27, 2015

Citations

2015 N.Y. Slip Op. 2626 (N.Y. App. Div. 2015)