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People v. Clarkson

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


October 20, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
CHARLES CLARKSON, JR., APPELLANT.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered April 11, 2006, convicting him of operating a motor vehicle while under the influence of alcohol, upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., HOWARD MILLER, RUTH C. BALKIN, JOHN M. LEVENTHAL and L. PRISCILLA HALL, JJ.

(Ind. No. 249/05)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The enhanced sentence imposed due to the defendant's failure to comply with the conditions of the plea agreement was not excessive (see People v Suitte, 90 AD2d 80).

RIVERA, J.P., MILLER, BALKIN, LEVENTHAL and HALL, JJ., concur.

20091020

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