PEOPLE v. GARY

112596.

197 A.D.3d 1445 (2021)

151 N.Y.S.3d 651

2021 NY Slip Op 05052

The People of the State of New York, Respondent, v. Andre Gary, Appellant.

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

Decided September 23, 2021.


Attorney(s) appearing for the Case

Tina Sodhi , Alternate Public Defender, Albany ( Steven M. Sharp of counsel), for appellant.

P. David Soares , District Attorney, Albany ( Jonathan P. Catania of counsel), for respondent.

Garry, P.J., Egan Jr., Clark, Aarons and Colangelo, JJ., concur.


Defendant waived indictment and pleaded guilty to driving while intoxicated—as a class E felony—and waived his right to appeal. In accordance with the terms of the plea agreement, County Court sentenced defendant to, among other things, five years of probation. Defendant appeals.

As conceded by the People, the sentence imposed was illegal. Defendant had previously been convicted of driving while intoxicated in violation of Vehicle and Traffic Law §...

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