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People v. Bluteau

Appellate Division of the Supreme Court of New York, Third Department
Apr 13, 2000
271 A.D.2d 761 (N.Y. App. Div. 2000)

Opinion

April 13, 2000.

Appeal from a judgment of the County Court of Essex County (Halloran, J.), rendered April 13, 1999, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

Aaron Turetsky, Keeseville, for appellant.

Ronald J. Briggs, District Attorney (Mark E. Anderson of counsel), Elizabethtown, for respondent.

Before: MERCURE, J.P., PETERS, SPAIN, CARPINELLO and MUGGLIN, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to the crime of driving while intoxicated. Pursuant to the negotiated plea agreement, defendant waived his right to appeal and was sentenced to six months in county jail, five years of probation and a $1,000 fine. Defendant now argues that his sentence was harsh and excessive and violated his due process rights. However, because defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, he has failed to preserve these issues for our review (see, People v. Paulin, 265 A.D.2d 681, 696 N.Y.S.2d 907, lv denied 94 N.Y.2d 883). Nevertheless, were we to reach these issues, we would find that the agreed-upon sentence was neither harsh nor excessive and that there are no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see, People v. Vanness, 265 A.D.2d 595, 696 N.Y.S.2d 715, lv denied 94 N.Y.2d 830).

ORDERED that the judgment is affirmed.


Summaries of

People v. Bluteau

Appellate Division of the Supreme Court of New York, Third Department
Apr 13, 2000
271 A.D.2d 761 (N.Y. App. Div. 2000)
Case details for

People v. Bluteau

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID E. BLUTEAU…

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

Date published: Apr 13, 2000

Citations

271 A.D.2d 761 (N.Y. App. Div. 2000)
706 N.Y.S.2d 645

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