PEOPLE v. FLEWELLING


59 A.D.3d 749 (2009)

871 N.Y.S.2d 923

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK FLEWELLING, Appellant.

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

Decided February 5, 2009.


Resolving an indictment and a superior court information, defendant pleaded guilty to two counts of driving while intoxicated. Pursuant to the plea agreement, defendant was to be sentenced to no greater than 1 to 3 years in prison for each conviction, with the sentences to run concurrently. In addition, defendant agreed to waive his right to appeal. County Court subsequently sentenced defendant to concurrent prison terms of 1 to 3 years. Defendant now appeals.

Defendant...

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