People v. Goodbody

Appellate Division of the Supreme Court of New York

People v. Goodbody

249 A.D.2d 977, 671 N.Y.S.2d 707, 1998 N.Y. App. Div. LEXIS 5123

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

DecidedApril 29, 1998

StatusPublished

Cited by3 cases

This text of 249 A.D.2d 977 (People v. Goodbody) 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. Goodbody, 249 A.D.2d 977, 671 N.Y.S.2d 707, 1998 N.Y. App. Div. LEXIS 5123 (N.Y. Ct. App. 1998).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her of driving while intoxicated as a felony (Penal Law § 1192 [3]; § 1193 [1] [c]) and unlawful possession of marihuana (Penal Law § 221.05). County Court’s Sandoval ruling was not an abuse of discretion (see, People v Drakes, 211 AD2d 809, lv denied 86 NY2d 734; People v Rhodes, 96 AD2d 565, 567). Defendant failed to preserve for our review her contention that the presentence report was inadequate (see, CPL 470.05 [2]). Finally, defendant’s sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Wisner, Pigott, Jr., Balio and Fallon, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her of driving while intoxicated as a felony (Penal Law § 1192 [3]; § 1193 [1] [c]) and unlawful possession of marihuana (Penal Law § 221.05). County Court’s Sandoval ruling was not an abuse of discretion (see, People v Drakes, 211 AD2d 809, lv denied 86 NY2d 734; People v Rhodes, 96 AD2d 565, 567). Defendant failed to preserve for our review her contention that the presentence report was inadequate (see, CPL 470.05 [2]). Finally, defendant’s sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Wisner, Pigott, Jr., Balio and Fallon, JJ.

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Bluebook (online)

249 A.D.2d 977, 671 N.Y.S.2d 707, 1998 N.Y. App. Div. LEXIS 5123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goodbody-nyappdiv-1998.

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