People v. Vernooy

Appellate Division of the Supreme Court of New York

People v. Vernooy

2017 NY Slip Op 4694, 151 A.D.3d 1741, 53 N.Y.S.3d 846

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

DecidedJune 9, 2017

Docket752 KA 14-01896

StatusPublished

This text of 2017 NY Slip Op 4694 (People v. Vernooy) 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. Vernooy, 2017 NY Slip Op 4694, 151 A.D.3d 1741, 53 N.Y.S.3d 846 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered July 24, 2014. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class E felony.

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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of driving while intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [c] [i] [A]), defendant contends that County Court failed to apprise him at his plea hearing of all of the components of his possible enhanced sentence, including a term of probation and a fine. That contention is not preserved for our review (see generally People v Crowder, 24 NY3d 1134, 1136-1137 [2015]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]; see generally People v Jones, 118 AD3d 1360, 1361 [2014]).

Defendant’s waiver of the right to appeal encompasses his contention that his sentence is unduly harsh and severe (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Present — Centra, J.P., Peradotto, Carni, NeMoyer and Curran, JJ.

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Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered July 24, 2014. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class E felony.

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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of driving while intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [c] [i] [A]), defendant contends that County Court failed to apprise him at his plea hearing of all of the components of his possible enhanced sentence, including a term of probation and a fine. That contention is not preserved for our review (see generally People v Crowder, 24 NY3d 1134, 1136-1137 [2015]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]; see generally People v Jones, 118 AD3d 1360, 1361 [2014]).

Defendant’s waiver of the right to appeal encompasses his contention that his sentence is unduly harsh and severe (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Present — Centra, J.P., Peradotto, Carni, NeMoyer and Curran, JJ.

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Bluebook (online)

2017 NY Slip Op 4694, 151 A.D.3d 1741, 53 N.Y.S.3d 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vernooy-nyappdiv-2017.

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