| People v Jones |
| 2013 NY Slip Op 08148 [112 AD3d 991] |
| December 5, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vLeonard Jones, Appellant. |
—[*1] Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport ofcounsel), for respondent.
Egan Jr., J. Appeal from a judgment of the County Court of Warren County(Pritzker, J.), rendered July 18, 2011, convicting defendant upon his plea of guilty of thecrime of driving while intoxicated.
In satisfaction of a two-count indictment and other pending charges, defendantpleaded guilty to driving while intoxicated and waived his right to appeal. County Courtthereafter sentenced defendant to the agreed-upon prison term of 1 to 3 years. Defendantnow appeals.
Following arraignment, defense counsel inquired as to whether the People felt that aspecial prosecutor should be appointed in light of a lawsuit that defendant filed againstthe Warren County District Attorney's office some years earlier. When the AssistantDistrict Attorney indicated that he would look into the matter, County Court advised theparties, "Put [it] in writing. Respond in writing. See if it can be worked out. If not, let meknow." No written submissions—and no further mention of thisissue—appear in the record before us. To the extent that this issue is properlybefore us, our review of this nonjurisdictional claim is precluded by defendant's validwaiver of the right to appeal (see People v Morelli, 46 AD3d 1215, 1217 [2007], lvdenied 10 NY3d 814 [2008]), as well as his unchallenged guilty plea (see Peoplev Clute, 226 AD2d 824, 824 [1996], lv denied 88 NY2d 1020 [1996]).[*2]
Finally, although the underlying judgment isaffirmed, the uniform sentence and commitment form contains a clerical error and mustbe amended to accurately reflect that the mandatory surcharge of $520 is to be reduced toa civil judgment (cf. People vVasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]).
Rose, J.P., Lahtinen and Garry, JJ., concur. Ordered that the judgment is affirmed,and matter remitted for entry of an amended uniform sentence and commitment form.