PEOPLE v. COX (2006)

Defendant appeals from a judgment convicting him, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511[3][a] ) and driving while intoxicated as a misdemeanor (§ 1192[3];  § 1193[1][b] ).  Defendant did not object to the enhanced sentence imposed by County Court and did not move to withdraw his plea of guilty or vacate the judgment of conviction, and he thus failed to preserve for our review his contention that the court erred in imposing an enhanced sentence (see People v. Holmes, 306 A.D.2d 889, 760 N.Y.S.2d 920, lv. denied 100 N.Y.2d 621, 767 N.Y.S.2d 404, 799 N.E.2d 627;  People v. Leonard, 306 A.D.2d 940, 761 N.Y.S.2d 916).   The sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: