AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD J. HOLMES, Appellant.

We reject defendant's contention that his sentence is harsh and excessive. The concurrent prison sentences he received of 1 to 3 years upon his plea of guilty of the crimes of driving while intoxicated and aggravated unlicensed operation of a motor vehicle were in accordance with the plea agreement, as was the consecutive prison sentence of 1 to 3 years for his violation of probation. Given defendant's extensive criminal history which includes at least seven previous driving while intoxicated convictions, two of which were felonies, as well as the fact that the violation of probation charge was for a third felony conviction for driving while intoxicated, it cannot be said that there was any abuse of discretion in the imposition of sentence (see, People v. Miller, 163 A.D.2d 627, lv denied 76 N.Y.2d 942; People v. Wellington, 151 A.D.2d 796, lv denied 74 N.Y.2d 853; People v. Aia, 105 A.D.2d 592).

Mercure, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

Use AI to get other relevant cases.

Comments

PEOPLE v. HOLMES
(Jan 9, 1992)