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People v. Domin

Supreme Court of New York, Second Department

August 14, 2013

The People of the State of New York, respondent,
v.
Steven Domin, appellant. Ind. No. 98/11

Michael G. Paul, New City, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.

PETER B. SKELOS, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered April 3, 2012, convicting him of operating a motor vehicle while under the influence of alcohol as a felony, in violation of Vehicle and Traffic Law §§ 1192(3) and 1193(1)(c)(ii), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea was not knowingly, voluntarily, and intelligently entered because he was not properly advised that a fine would be imposed is without merit. The record reveals that the defendant was properly informed of the direct consequences of his plea, and that the plea was knowingly, voluntarily, and intelligently entered (see People v Harris, 61 N.Y.2d 9, 17; People v Johnson, 97 A.D.3d 695, 696; People v Blunt, 93 A.D.3d 675, 677).

The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

The defendant's remaining contention is without merit (see People v Johnson, 97 A.D.3d at 696).

SKELOS, J.P., CHAMBERS, SGROI and HINDS-RADIX, JJ., concur.


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