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People v. Rhinehart

Appellate Division of the Supreme Court of New York, Third Department
Jan 30, 2003
301 A.D.2d 969 (N.Y. App. Div. 2003)

Opinion

13917

January 30, 2003.

Appeal from a judgment of the County Court of Saratoga County (Scarano Jr., J.), rendered January 17, 2002, convicting defendant upon his plea of guilty of the crimes of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree.

Theresa M. Suozzi, Saratoga Springs, for appellant.

James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), for respondent.

Before: Crew III, J.P., Peters, Rose, Lahtinen and Kane, JJ.


MEMORANDUM AND ORDER

In satisfaction of a multicount indictment, defendant pleaded guilty to the crimes of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree. In accordance with the plea agreement, defendant waived his right to appeal and was sentenced to concurrent prison terms of 1 to 3 years on each crime and a $500 fine in connection with his conviction of aggravated unlicensed operation of a motor vehicle in the first degree. Defendant appeals, contending that the sentence imposed was harsh or excessive. Given his waiver of his right to appeal as part of a voluntary, knowing and intelligent plea of guilty, defendant is precluded from claiming that the sentence imposed is harsh or excessive (see People v. McDonald, 295 A.D.2d 756, lv denied 98 N.Y.2d 711; People v. Bluteau, 271 A.D.2d 761). Were we to consider the issue, however, we would find the agreed-upon sentence is not harsh or excessive and find no extraordinary circumstances warranting a modification of the sentence in the interest of justice (see People v. Hastings, 271 A.D.2d 707; People v. Alexander, 256 A.D.2d 742, lv denied 93 N.Y.2d 849).

Crew III, J.P., Peters, Rose, Lahtinen and Kane, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Rhinehart

Appellate Division of the Supreme Court of New York, Third Department
Jan 30, 2003
301 A.D.2d 969 (N.Y. App. Div. 2003)
Case details for

People v. Rhinehart

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH P. RHINEHART…

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

Date published: Jan 30, 2003

Citations

301 A.D.2d 969 (N.Y. App. Div. 2003)
753 N.Y.S.2d 405