People v Ruiz
2008 NY Slip Op 01787 [48 AD3d 834]
February 26, 2008
Appellate Division, Second Department
As corrected through Wednesday, April 16, 2008


The People of the State of New York,Respondent,
v
Carlos Ruiz, Appellant.

[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.),rendered November 2, 2006, convicting him of driving while under the influence of alcohol andaggravated unlicensed operation of a motor vehicle in the first degree, upon his plea of guilty,and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's waiver of his right to appeal was knowingly, voluntarily, and intelligentlymade. In addition, the defendant was clearly informed of the court's sentencing options if hefailed to comply with the conditions of the plea agreement. Accordingly, appellate review of thedefendant's contention that his enhanced sentence was excessive is precluded (see People vGreene, 13 AD3d 647 [2004]). Spolzino, J.P., Santucci, Dillon and Balkin, JJ., concur.


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