| People v Sansone |
| 2018 NY Slip Op 05368 [163 AD3d 1271] |
| July 19, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Allen P. Sansone, Appellant. |
Cheryl L. Sovern, Clifton Park, for appellant.
Andrew J. Wylie, District Attorney (Timothy Blatchley of counsel), Plattsburgh, forrespondent.
Rumsey, J. Appeal from a judgment of the County Court of Franklin County (Main Jr., J.),rendered September 10, 2015, upon a verdict convicting defendant of the crimes of vehicularassault in the second degree and driving while ability impaired by drugs and the traffic infractionof failure to keep right.
In November 2014, defendant was charged in a four-count indictment with vehicular assaultin the second degree, driving while ability impaired by drugs, unreasonable speed and failure tokeep right. The charges stemmed from a motor vehicle collision that occurred on June 18, 2014at approximately 5:50 p.m., when defendant, while operating his employer's dump trunk,swerved into oncoming traffic, striking a van operated by the victim and causing him seriousinjuries. After law enforcement arrived on the scene and conversed with defendant, he admittedto having smoked marihuana earlier that day. Following a jury trial, defendant was acquitted ofthe traffic infraction of unreasonable speed, but was convicted on the remaining counts of theindictment. He was sentenced, as a second felony offender, to a prison term of 2 to 4 years andnow appeals.
As defendant did not object to County Court's Sandoval ruling prior to the close ofthe Sandoval hearing, his challenge to this ruling was not preserved for our review (see People v Nunez, 160 AD3d1225, 1226 [2018]). Defendant also challenges the severity of his sentence, arguing that themaximum sentence should not have been imposed because he had refrained from criminalactivity following his release from prison five years prior to the collision and maintainedfull-time employment during that same period. Based on our review of the record, we find noabuse of discretion or extraordinary circumstances warranting a modification of the sentenceimposed (see id. at 1227; Peoplev Murdie, 157 AD3d 1166, 1167 [2018]).
Garry, J.P., McCarthy, Clark and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.