People v. Abbott

Appellate Division of the Supreme Court of New York

People v. Abbott

147 A.D.3d 1341, 46 N.Y.S.3d 451

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 3, 2017

StatusPublished

This text of 147 A.D.3d 1341 (People v. Abbott) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Abbott, 147 A.D.3d 1341, 46 N.Y.S.3d 451 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered September 15, 2014. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, as a class E felony.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

[1342]*1342Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [c] [i] [A]). Even assuming, arguendo, that defendant did not knowingly and voluntarily waive the right to appeal the severity of the sentence (see generally People v Maracle, 19 NY3d 925, 928 [2012]), we reject defendant’s contention that the sentence is unduly harsh and severe.

Present — Carni, J.P., Lindley, NeMoyer, Troutman and Scudder, JJ.

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Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered September 15, 2014. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, as a class E felony.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

[1342]*1342Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [c] [i] [A]). Even assuming, arguendo, that defendant did not knowingly and voluntarily waive the right to appeal the severity of the sentence (see generally People v Maracle, 19 NY3d 925, 928 [2012]), we reject defendant’s contention that the sentence is unduly harsh and severe.

Present — Carni, J.P., Lindley, NeMoyer, Troutman and Scudder, JJ.

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Bluebook (online)

147 A.D.3d 1341, 46 N.Y.S.3d 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abbott-nyappdiv-2017.

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