People v. Lee Terry

Appellate Division of the Supreme Court of New York

People v. Lee Terry

131 A.D.2d 521, 516 N.Y.S.2d 470, 1987 N.Y. App. Div. LEXIS 47978

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

DecidedJune 1, 1987

StatusPublished

This text of 131 A.D.2d 521 (People v. Lee Terry) 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. Lee Terry, 131 A.D.2d 521, 516 N.Y.S.2d 470, 1987 N.Y. App. Div. LEXIS 47978 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Belli, J.), rendered March 8, 1985, convicting him of driving while intoxicated as a felony, after a nonjury trial, and imposing sentence.

[522]*522Ordered that the judgment is affirmed.

The defendant cannot seek suppression of his prior conviction of the misdemeanor charge of driving while intoxicated on the ground that that conviction was "unconstitutionally obtained” (see, People v Knack, 128 AD2d 307 [decided herewith]). In any case, the record discloses that the defendant voluntarily waived his constitutional rights when he pleaded guilty to the prior misdemeanor charge of driving while intoxicated. Thus, the instant charge of driving while intoxicated was properly increased to felony status. Brown, J. P., Niehoff, Sullivan and Harwood, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Belli, J.), rendered March 8, 1985, convicting him of driving while intoxicated as a felony, after a nonjury trial, and imposing sentence.

[522]*522Ordered that the judgment is affirmed.

The defendant cannot seek suppression of his prior conviction of the misdemeanor charge of driving while intoxicated on the ground that that conviction was "unconstitutionally obtained” (see, People v Knack, 128 AD2d 307 [decided herewith]). In any case, the record discloses that the defendant voluntarily waived his constitutional rights when he pleaded guilty to the prior misdemeanor charge of driving while intoxicated. Thus, the instant charge of driving while intoxicated was properly increased to felony status. Brown, J. P., Niehoff, Sullivan and Harwood, JJ., concur.

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Bluebook (online)

131 A.D.2d 521, 516 N.Y.S.2d 470, 1987 N.Y. App. Div. LEXIS 47978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lee-terry-nyappdiv-1987.

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