THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JAMES VERNOOY DEFENDANT APPELLANT (2017)

MEMORANDUM AND ORDER

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

Memorandum:  On appeal from a judgment convicting him upon his plea of guilty of driving while intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192[3];  1193[1][c][i][A] ), defendant contends that County Court failed to apprise him at his plea hearing of all of the components of his possible enhanced sentence, including a term of probation and a fine.  That contention is not preserved for our review (see generally People v. Crowder, 24 NY3d 1134, 1136–1137), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15[3][c];  see generally People v. Jones, 118 AD3d 1360, 1361).

Defendant's waiver of the right to appeal encompasses his contention that his sentence is unduly harsh and severe (see People v. Lopez, 6 NY3d 248, 255–256;  People v. Hidalgo, 91 N.Y.2d 733, 737;  cf.  People v. Maracle, 19 NY3d 925, 928).

Frances E. Cafarell

Clerk of the Court