People v Carden (Michael)

[*1] People v Carden (Michael) 2012 NY Slip Op 52294(U) Decided on December 10, 2012 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 10, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., IANNACCI and LaSALLE, JJ
.

The People of the State of New York, Respondent, N

against

Michael Carden, Appellant.

Appeal from a judgment of the Justice Court of the Town of Wappinger, Dutchess County (Carl Wolfson, J.), rendered March 22, 2012. The judgment convicted defendant, upon his plea of guilty, of driving while impaired by drugs and sentenced him to one year's incarceration and a fine of $500.

ORDERED that the judgment of conviction is affirmed.

Contrary to defendant's contention, we find that the sentence imposed upon defendant's conviction of driving while impaired by drugs (Vehicle and Traffic Law § 1192 [4]) was neither harsh nor excessive. Defendant has failed to establish extraordinary circumstances that would warrant disturbing the sentence (see People v Bussey, 67 AD3d 819 [2009]).

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., Iannacci and LaSalle, JJ., concur.
Decision Date: December 10, 2012