People v Clarkson

People v Clarkson 2009 NY Slip Op 07654 [66 AD3d 918] October 20, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent,
v
Charles Clarkson, Jr., Appellant.

—[*1] Gary E. Eisenberg, New City, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered April 11, 2006, convicting him of operating a motor vehicle while under the influence of alcohol, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The enhanced sentence imposed due to the defendant's failure to comply with the conditions of the plea agreement was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Miller, Balkin, Leventhal and Hall, JJ., concur.