People v. Sierra

Appellate Division of the Supreme Court of New York

People v. Sierra

126 A.D.3d 1513, 4 N.Y.S.3d 565

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

DecidedMarch 27, 2015

StatusPublished

This text of 126 A.D.3d 1513 (People v. Sierra) 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. Sierra, 126 A.D.3d 1513, 4 N.Y.S.3d 565 (N.Y. Ct. App. 2015).

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Opinion

Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered September 15, 2011. The judgment convicted defendant, upon his plea of guilty, of aggravated driving while intoxicated, a class D felony.

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

[1514]*1514Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of felony aggravated driving while intoxicated (Vehicle and Traffic Law §§ 1192 [2-a] [a]; 1193 [1] [c] [ii]). Contrary to defendant’s contention, County Court properly sentenced him pursuant to Penal Law § 60.21 to a five-year period of probation to run consecutively to his indeterminate term of imprisonment (see Vehicle and Traffic Law § 1193 [1] [c] [iii]; People v Segatol-Islami, 121 AD3d 1575, 1577 [2014]; People v O’Brien, 111 AD3d 1028, 1029 [2013]). “Inasmuch as the plain language of the statutes requires a sentencing court to impose a period of probation or conditional discharge in addition to any fine or term of imprisonment for convictions pursuant to Vehicle and Traffic Law § 1192, the Legislature clearly intended this type of cumulative sentence for felony driving while intoxicated convictions” (People v Brainard, 111 AD3d 1162, 1164 [2013]).

Present — Centra, J.P., Peradotto, Lindley and DeJoseph, JJ.

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Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered September 15, 2011. The judgment convicted defendant, upon his plea of guilty, of aggravated driving while intoxicated, a class D felony.

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

[1514]*1514Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of felony aggravated driving while intoxicated (Vehicle and Traffic Law §§ 1192 [2-a] [a]; 1193 [1] [c] [ii]). Contrary to defendant’s contention, County Court properly sentenced him pursuant to Penal Law § 60.21 to a five-year period of probation to run consecutively to his indeterminate term of imprisonment (see Vehicle and Traffic Law § 1193 [1] [c] [iii]; People v Segatol-Islami, 121 AD3d 1575, 1577 [2014]; People v O’Brien, 111 AD3d 1028, 1029 [2013]). “Inasmuch as the plain language of the statutes requires a sentencing court to impose a period of probation or conditional discharge in addition to any fine or term of imprisonment for convictions pursuant to Vehicle and Traffic Law § 1192, the Legislature clearly intended this type of cumulative sentence for felony driving while intoxicated convictions” (People v Brainard, 111 AD3d 1162, 1164 [2013]).

Present — Centra, J.P., Peradotto, Lindley and DeJoseph, JJ.

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Bluebook (online)

126 A.D.3d 1513, 4 N.Y.S.3d 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sierra-nyappdiv-2015.

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