PEOPLE v. DEZIMM

Defendant pleaded guilty to one count of driving while intoxicated as a felony and was sentenced to one year in jail, a $1,000 fine and revocation of his driver's license. Defendant contends on appeal that the failure of the People to arraign him upon a special information pursuant to CPL 200.60 (3) requires that his conviction be reduced to a misdemeanor and that, in any event, the imposition of a $1,000 fine was harsh and excessive. We disagree and affirm. Initially, we note that CPL 200.60 (3) is by its terms inapplicable in the context of a guilty plea (see, People v Smart, 190 A.D.2d 942). In any event, defendant's voluntary guilty plea waived any such argument (see, People v DiCarluccio, 168 A.D.2d 509, 510, lv denied 77 N.Y.2d 877). Finally, given defendant's criminal history, we find no abuse of discretion in the fine imposed as a part of the sentence (see, People v Brown, 160 A.D.2d 1037, 1038, lv denied 76 N.Y.2d 785).

Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.