People v. Stewart
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | KAVANAGH |
| Citation | 2012 N.Y. Slip Op. 01386,940 N.Y.S.2d 178,92 A.D.3d 1146 |
| Decision Date | 23 February 2012 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Francis H. STEWART, Appellant. |
2012 N.Y. Slip Op. 01386
92 A.D.3d 1146
940 N.Y.S.2d 178
The PEOPLE of the State of New York, Respondent,
v.
Francis H. STEWART, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Feb. 23, 2012.
[940 N.Y.S.2d 179]
R. Graham McNamara, Glenville, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent.
Before: MERCURE, Acting P.J., PETERS, MALONE JR., KAVANAGH and McCARTHY, JJ.
KAVANAGH, J.
[92 A.D.3d 1146] Appeal from a judgment of the County Court of Clinton County (Ryan, J.), rendered July 29, 2010, convicting defendant upon his plea of guilty of (1) the crimes of driving while intoxicated (two counts), aggravated unlicensed operation of a motor vehicle in the first degree and resisting arrest, (2) the traffic infractions of leaving the scene of a property damage incident without reporting and unsafe backing of a motor vehicle, and (3) the violations of unlicensed operation of a motor vehicle and failure to notify the Department of Motor Vehicles of a change of address.
In September 2009, defendant was arrested when it was alleged that, while intoxicated, he backed a motor vehicle into the side of a gasoline truck while it was parked at a convenience store. Defendant, who apparently did not have a valid driver's license, fled the scene, but was subsequently apprehended and placed under arrest. Thereafter, he waived indictment and agreed to be prosecuted by a superior court information (hereinafter SCI) that charged him with driving while intoxicated as a felony (two counts), aggravated unlicensed operation of a motor vehicle in the first degree, resisting arrest, leaving the scene of a property damage incident without reporting, unlicensed operation of a motor vehicle and two other violations of the Vehicle and Traffic Law. Prior to entering his guilty plea, County Court advised defendant that no commitment had been made regarding the sentence that would be imposed if he pleaded guilty to [92 A.D.3d 1147] the charges in the SCI. Defendant ultimately pleaded guilty to all charges and was sentenced to an aggregate term of 2 to 6 years in prison. In addition, fines were imposed on all but one of the charges to
[940 N.Y.S.2d 180]
which defendant entered a guilty plea. This appeal ensued.
Initially, we note that the charges of aggravated unlicensed operation of a motor vehicle in the first degree and unlicensed operation of a motor vehicle, as set forth in the SCI, simply alleged that defendant, at the time he committed these crimes, was operating a motor vehicle in a parking lot, and not on a public highway ( see People v. Hurell–Harring, 66 A.D.3d...
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People v. Lohnes
...term mentioned by the court was not the only consequence that could result, and that a fine might be imposed ( see People v. Stewart, 92 A.D.3d 1146, 1147, 940 N.Y.S.2d 178 [2012] ).2 Accordingly, the sentence on the aggravated cruelty charge must be vacated and the matter remitted to Count......
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People v. Benn, 108049
...did not state that the crimes occurred on a public highway (see Vehicle and Traffic Law §§ 511[3][a] ; 1192[2], [7]; People v. Stewart, 92 A.D.3d 1146, 1147, 940 N.Y.S.2d 178 [2012] ; People v. Beyer, 21 A.D.3d 592, 594, 799 N.Y.S.2d 620 [2005], lv denied 6 N.Y.3d 752, 810 N.Y.S.2d 420, 843......
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People v. Heard
...lv. denied 16 N.Y.3d 860, 923 N.Y.S.2d 422, 947 N.E.2d 1201 [2011] ). Defendant contends that his due process right to a fair trial [92 A.D.3d 1146] was violated by admitting evidence of phone conversations that occurred prior to February 28, 2009 as well as evidence obtained from the searc......
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Raynore v. Raynore,
...card from a prior employer, and he admitted to operating a motor vehicle with a suspended license. In contrast, the mother is gainfully [940 N.Y.S.2d 178] employed and receives benefits, including health insurance for both her and the child. She resides with her father and, as Family Court ......
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People v. Lohnes
...term mentioned by the court was not the only consequence that could result, and that a fine might be imposed ( see People v. Stewart, 92 A.D.3d 1146, 1147, 940 N.Y.S.2d 178 [2012] ).2 Accordingly, the sentence on the aggravated cruelty charge must be vacated and the matter remitted to Count......
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People v. Benn, 108049
...did not state that the crimes occurred on a public highway (see Vehicle and Traffic Law §§ 511[3][a] ; 1192[2], [7]; People v. Stewart, 92 A.D.3d 1146, 1147, 940 N.Y.S.2d 178 [2012] ; People v. Beyer, 21 A.D.3d 592, 594, 799 N.Y.S.2d 620 [2005], lv denied 6 N.Y.3d 752, 810 N.Y.S.2d 420, 843......
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People v. Heard
...lv. denied 16 N.Y.3d 860, 923 N.Y.S.2d 422, 947 N.E.2d 1201 [2011] ). Defendant contends that his due process right to a fair trial [92 A.D.3d 1146] was violated by admitting evidence of phone conversations that occurred prior to February 28, 2009 as well as evidence obtained from the searc......
-
Raynore v. Raynore,
...card from a prior employer, and he admitted to operating a motor vehicle with a suspended license. In contrast, the mother is gainfully [940 N.Y.S.2d 178] employed and receives benefits, including health insurance for both her and the child. She resides with her father and, as Family Court ......