People v Worley

Decided and Entered: August 9, 2007
16480
______
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v
MARTIN J. WORLEY, Appellant.
_
Calendar Date: May 29, 2007
Before:.....

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Decided and Entered: August 9, 2007 16480 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MARTIN J. WORLEY, Appellant. ___________________________ Calendar Date: May 29, 2007 Before: Cardona, P.J., Crew III, Peters, Mugglin and Lahtinen, JJ. __________ Kathryn S. Dell, Troy, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Rita M. Basile of counsel), for respondent. __________ Crew III, J. Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered September 9, 2005, convicting defendant upon his plea of guilty of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree, driving while intoxicated and criminal contempt in the second degree. In satisfaction of two separate indictments, defendant pleaded guilty to aggravated unlicensed operation of a motor vehicle in the first degree, driving while intoxicated and criminal contempt in the second degree and was sentenced to 1 to 3 years in prison for the aggravated unlicensed operation conviction, a one-year conditional discharge for the driving while intoxicated conviction and time served for the criminal contempt conviction. Defendant now appeals. As limited by his brief, defendant contends, with regard to his conviction for aggravated unlicensed operation of a motor vehicle, that the People were required to file proof of the previous suspension of his driving privileges pursuant to CPL 400.40. We disagree. That statutory provision prescribes the procedure for determining prior convictions for the enhancement of sentence where a defendant has been convicted of an unclassified misdemeanor or a traffic violation (see People v Smart, 190 AD2d 942, 943 [1993]). Inasmuch as defendant here was convicted of a class E felony, the cited statutory provision is inapplicable (see id. at 943). Accordingly, the judgment is affirmed.1 Cardona, P.J., Peters, Mugglin and Lahtinen, JJ., concur. ORDERED that the judgment is affirmed.

People v Worley

Decided and Entered: August 9, 2007 16480 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MARTIN J. WORLEY, Appellant. ___________________________ Calendar Date: May 29, 2007 Before:.....

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Decided and Entered: August 9, 2007
16480
______
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v
MARTIN J. WORLEY, Appellant.
_
Calendar Date: May 29, 2007
Before:.....