PEOPLE v. RIVERS


251 A.D.2d 693 (1998)

673 N.Y.S.2d 336

The People of the State of New York, Respondent, v. Joseph E. Rivers, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 4, 1998


Defendant pleaded guilty to driving while intoxicated as a felony in satisfaction of a three-count indictment. In accordance with the plea agreement, the People recommended a sentence of one year in jail; however, County Court, considering defendant's prior criminal history and his attitude toward his alcoholism (that he has never hurt anyone), sentenced defendant to a prison term of 1 to 3 years. Defendant appeals, contending that the terms of the plea agreement were not...

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