People v. Alexander

• Decision Date: 10 December 1998
• Citation: 682 N.Y.S.2d 677
• Parties: 1998 N.Y. Slip Op. 10,963 The PEOPLE of the State of New York, Respondent, v. Ronald L. ALEXANDER, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 677

682 N.Y.S.2d 677

1998 N.Y. Slip Op. 10,963

The PEOPLE of the State of New York, Respondent, v. Ronald L. ALEXANDER, Appellant.

Supreme Court, Appellate Division, Third Department.

Dec. 10, 1998.

Robert M. O'Leary, Public Defender (William L. Brown of counsel), Binghamton, for appellant.

Gerald F. Mollen, District Attorney (John L. Kotchick III of counsel), Binghamton, for respondent.

Before: MIKOLL, J.P., MERCURE, CREW, WHITE and GRAFFEO, JJ.

MEMORANDUM DECISION.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered February 9, 1996, convicting defendant upon his plea of guilty of the crimes of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree.

Defendant pleaded guilty to the crimes of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree and was sentenced in accordance with the plea agreement to a prison term of 1 to 3 years. Defendant contends that the sentence is harsh and excessive and should be reduced in the interest of justice given the nonviolent nature of the instant crimes and his admitted alcoholism. We disagree. In view of defendant's extensive criminal history, which includes numerous alcohol-related driving offenses, and the fact that the sentence was in accordance with the negotiated plea agreement, we find no reason to disturb the sentence imposed (see, People v. Hamm, 249 A.D.2d 623, 671 N.Y.S.2d 539; People v. Empey, 242 A.D.2d 839, 662 N.Y.S.2d 152, lv. denied 91 N.Y.2d 834, 667 N.Y.S.2d 687, 690 N.E.2d 496).

ORDERED that the judgment is affirmed.