People v. Powless

176 A.D.2d 1199, 578 N.Y.S.2d 433, 1991 N.Y. App. Div. LEXIS 13855

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 4, 1991
• Status: Published

Opinion

— Judgment unanimously affirmed. Memorandum: Following his admission to charges that he violated probation, defendant was resentenced to an indeterminate term of 1 to 3 years on his conviction for driving while intoxicated, a class E felony (see, Vehicle and Traffic Law § 1193 [1] [c]). That sentence was lawful, and we decline to exercise our discretionary authority to modify it (see, CPL 470.15 [6] [b]). Further, the record does not support defendant’s assertion that he was promised a lesser sentence. (Appeal from Judgment of Oswego County Court, Brandt, J.— Violation of Probation.) Present — Callahan, A. P. J., Denman, Pine, Balio and Lawton, JJ.