PEOPLE v. BLANCHARD


275 A.D.2d 476 (2000)

712 N.Y.S.2d 655

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORREL T. BLANCHARD, Appellant.

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

Decided August 3, 2000.


Peters, J.

Defendant pleaded guilty to the crime of driving while intoxicated as a felony in full satisfaction of the charges against him and was sentenced to an indeterminate term of 1 1/3 to 4 years in prison. Defendant appeals contending that his sentence is illegal in that he was erroneously sentenced as a second felony offender without a hearing.

Initially, we note that defendant's waiver of his right to appeal does not encompass the right to challenge...

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