| People v Cottelli |
| 2007 NY Slip Op 09631 [46 AD3d 952] |
| December 6, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Kenneth W.Cottelli, Appellant. |
—[*1] Donald A. Williams, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
Crew III, J.P. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.),rendered March 18, 2005, convicting defendant upon his plea of guilty of three counts of thecrime of driving while intoxicated.
Defendant pleaded guilty to three counts of the crime of driving while intoxicated, in fullsatisfaction of two indictments and a superior court information, stemming from three separateincidents between September 10, 2004 and November 20, 2004. Pursuant to the plea agreement,defendant was sentenced to a period of five years probation, with the first six months to beserved in jail. Additionally, defendant was to participate in the Community Corrections Programfor two months, as a condition of his probation. Defendant now appeals.
Initially, defendant contends that his waiver of indictment and agreement to be prosecuted bythe superior court information was invalid because he had not been held for action by a grandjury. A review of the record reveals, however, that defendant's signed waiver of indictmentexpressly states that he was held for the action of the Ulster County grand jury, making hiswaiver valid (see People v Valenti, 264 AD2d 904, 905 [1999], lv denied 94NY2d 926 [2000]; People v Mitchell, 243 AD2d 1005 [1997], lv denied 91NY2d 928 [1998]).
We further reject defendant's assertion that the requirement that he participate in the [*2]Community Corrections Program (apparently a residential facilityserving substance abusers) for two months constituted an impermissible and illegal additionaltwo months of imprisonment.
Spain, Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.