Opinion
2007-1891 S CR.
Decided October 30, 2008.
Appeal from an amended judgment and a judgment of the District Court of Suffolk County, First District (Steven A. Lotto, J.), entered November 14, 2007. The amended judgment, upon a finding that defendant had violated conditions of a sentence of probation previously imposed, upon his admission, revoked said sentence and resentenced defendant to nine months' incarceration upon the prior conviction of driving while intoxicated. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, and imposed a consecutive sentence of nine months' incarceration.
Amended judgment of conviction and judgment of conviction affirmed.
PRESENT: McCABE, J.P., TANENBAUM and MOLIA, JJ.
In view of the fact that defendant received the sentences that were promised him as part of his plea bargain, and also in view of the seriousness of the offense of driving while intoxicated, we decline to modify defendant's sentences.
McCabe, J.P., Tanenbaum and Molia, JJ., concur.