Appeal from judgments of the Justice Court of the Town of East Hampton, Suffolk County (Catherine A. Cahill, J.), rendered August 23, 2007. The judgments convicted defendant, upon his pleas of guilty, of driving while intoxicated per se and driving without a license, and sentenced him to three years' probation with 60 days' incarceration and a fine on the conviction of driving while intoxicated per se, and a fine on the conviction for driving without a license.

Judgment convicting defendant of driving while intoxicated per se affirmed.

Appeal from judgment convicting defendant of driving without a license dismissed as abandoned.

Defendant was convicted, upon his guilty pleas, of driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2]) and driving without a license (Vehicle and Traffic Law § 509 [1]). Upon this appeal, defendant's sole contention is that so much of the sentence imposed for driving while intoxicated as entailed probation was excessive.

Upon a review of the record, we find that the sentence imposed upon the conviction for driving while intoxicated, including probation, was neither unduly harsh nor excessive (see People v Ritsky, 224 App Div 425, 426 [1928]).

Accordingly, the judgment convicting defendant of driving while intoxicated is affirmed.

Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: January 30, 2009