| People v Grimes (Paul) |
| 2008 NY Slip Op 52229(U) [21 Misc 3d 136(A)] [21 Misc 3d 136(A)] |
| Decided on October 30, 2008 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an amended judgment and a judgment of the District Court of Suffolk County,
First District (Steven A. Lotto, J.), entered November 14, 2007. The amended judgment, upon a
finding that defendant had violated conditions of a sentence of probation previously imposed,
upon his admission, revoked said sentence and resentenced defendant to nine months'
incarceration upon the prior conviction of driving while intoxicated. The judgment convicted
defendant, upon his plea of guilty, of driving while intoxicated, and imposed a consecutive
sentence of nine months' incarceration.
Amended judgment of conviction and judgment of conviction affirmed.
In view of the fact that defendant received the sentences that were promised him as part of his plea bargain, and also in view of the seriousness of the offense of driving while intoxicated, we decline to modify defendant's sentences.
McCabe, J.P., Tanenbaum and Molia, JJ., concur.
Decision Date: October 30, 2008