Opinion
February 4, 1998
Present — Denman, P.J., Pine, Hayes, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The contention of defendant that County Court abused its discretion in sentencing him as a persistent felony offender is without merit ( see, Penal Law § 70.10; People v. Bowers, 201 A.D.2d 830, 831, lv denied 83 N.Y.2d 909). Further, in light of defendant's extensive history of alcohol related offenses and flagrant disregard for the consequences of driving in an intoxicated condition, we conclude that the sentence is neither unduly harsh nor severe (see, People v. Turner, 234 A.D.2d 704, 707). (Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.)