PEOPLE v. MENDOZA-VALENZUELA


56 A.D.3d 1172 (2008)

866 N.Y.S.2d 914

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MENDOZA-VALENZUELA, Appellant.

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

November 14, 2008.


Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [ii]). We reject defendant's contention that the sentence is unduly harsh or severe. We note, however, that the certificate of conviction incorrectly reflects that defendant was convicted of driving while intoxicated as a class E felony, and it must therefore be amended to reflect that...

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