| People v McEachern |
| 2009 NY Slip Op 09322 [68 AD3d 1357] |
| December 17, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Samuel V.McEachern, Appellant. |
—[*1] Terry J. Wilhelm, District Attorney, Catskill (Danielle D. McIntosh of counsel), forrespondent.
Appeal from a judgment of the County Court of Greene County (Lalor, J.), rendered October14, 2008, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.
While on parole, defendant was charged in an indictment with two counts of driving whileintoxicated as a felony. Due to the fact that defendant was cooperating with a policeinvestigation, the prosecution recommended a plea offer under which defendant would pleadguilty to one count of the indictment, waive his right to appeal and receive a sentence of sixmonths in jail. County Court indicated that it would take into account the prosecution'srecommendation, but did not commit to any particular sentence. Defendant then pleaded guilty toone count of driving while intoxicated as a felony, waived his right to appeal and was to besentenced at a later date. Prior to sentencing, defendant was arrested for assault and the matterwas set down for an enhancement hearing, which defendant later waived. In accordance with theprosecution's revised recommendation, County Court sentenced defendant to 1 to 3 years inprison, to run concurrently with any sentence imposed upon his parole violation. Defendant nowappeals.
Defendant contends that County Court improperly enhanced his sentence without affordinghim an opportunity to withdraw his guilty plea. Defendant, however, has not preserved this claimfor our review due to his failure to object to the sentence or make a motion to withdraw hisguilty plea before County Court (see People v Leonard, 306 AD2d 940 [2003]; [*2]People v Webb, 299 AD2d 955, 955 [2002], lv denied99 NY2d 565 [2002]).
Mercure, J.P., Rose, Kane, Stein and Garry, JJ., concur. Ordered that the judgment isaffirmed.