| People v Galagan |
| 2011 NY Slip Op 05588 [85 AD3d 1490] |
| June 30, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v DannyGalagan, Appellant. |
—[*1] Gerald A. Keene, District Attorney, Owego, for respondent.
Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.), renderedJanuary 4, 2010, convicting defendant upon his plea of guilty of the crimes of driving whileintoxicated and aggravated unlicensed operation of a motor vehicle in the second degree.
In satisfaction of an indictment, defendant pleaded guilty to driving while intoxicated andaggravated unlicensed operation of a motor vehicle in the second degree. His driver's license hadbeen revoked at the time and he had previously been convicted of numerous crimes, includingmore than one conviction for driving while intoxicated. County Court thereafter sentenceddefendant to 1 to 5 years in prison and imposed fines totaling $2,500. Defendant now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. We find thisargument to be unavailing given defendant's long history of alcohol abuse, prior alcohol-relatedconvictions and insistence upon driving without a valid license. Consequently, we find noextraordinary circumstances or any abuse of discretion warranting a reduction of the sentence inthe interest of justice (see People vTyler, 76 AD3d 1144 [2010]; People v Thomas, 56 AD3d 815, 816 [2008]).
Mercure, J.P., Peters, Malone Jr., Kavanagh and Egan Jr., JJ., concur. Ordered that thejudgment is affirmed.