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The People of the State of New York v. Anthony R. Neff

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


April 12, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, --
v.
ANTHONY R. NEFF, APPELLANT.

Appeal from a judgment of the District Court of Suffolk County, First District (Toni A. Bean, J.), rendered September 30, 2011.

People v Neff (Anthony)

Decided on April 12, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: NICOLAI, P.J., IANNACCI and LaSALLE, JJ

The judgment convicted defendant, upon his plea of guilty, of aggravated driving while intoxicated.

ORDERED that the judgment of conviction is affirmed.

Charged with driving while intoxicated (common law) (Vehicle and Traffic Law § 1192 [3]), aggravated driving while intoxicated (Vehicle and Traffic Law § 1192 [2-a] [a]), and several traffic infractions, defendant agreed to a bargained-for plea and sentencing disposition pursuant to which he pleaded guilty to aggravated driving while intoxicated in exchange for a sentence of six months' incarceration, three years' probation with a number of conditions, and the dismissal of the remaining charges. Defendant was sentenced in accordance with the terms of the plea agreement. On appeal, defendant contends that his sentence was excessive.

As a general rule, a defendant who has been sentenced according to the terms of a bargained-for plea and sentencing agreement will not be heard to complain that the sentence was unduly harsh or excessive (People v Galvez, 72 AD3d 838 [2010]; People v Ubiles, 59 AD3d 572 [2009]; People v Grigg, 53 AD3d 629, 630 [2008]). Under the circumstances presented, we find no basis to deviate from that rule.

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., Iannacci and LaSalle, JJ., concur.

Decision Date: April 12, 2013

20130412

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