Opinion
06-09-2017
The PEOPLE of the State of New York, Respondent, v. James M. VERNOOY, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (James A. Hobbs of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester (James A. Hobbs of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of driving while intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192[3] ; 1193[1][c][i][A] ), defendant contends that County Court failed to apprise him at his plea hearing of all of the components of his possible enhanced sentence, including a term of probation and a fine. That contention is not preserved for our review (see generally People v. Crowder, 24 N.Y.3d 1134, 1136–1137, 3 N.Y.S.3d 309, 26 N.E.3d 1164 ), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15[3][c] ; see generally People v. Jones, 118 A.D.3d 1360, 1361, 988 N.Y.S.2d 316 ).
Defendant's waiver of the right to appeal encompasses his contention that his sentence is unduly harsh and severe (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., PERADOTTO, CARNI, NEMOYER, and CURRAN, JJ., concur.