People v. Blanchard

—Peters, J.

Appeal from a judgment of the County Court of Clinton County (Ryan, J.), rendered January 8, 1999, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

Defendant pleaded guilty to the crime of driving while intoxicated as a felony in full satisfaction of the charges against him and was sentenced to an indeterminate term of IV3 to 4 years in prison. Defendant appeals contending that his sentence is illegal in that he was erroneously sentenced as a second felony offender without a hearing.

Initially, we note that defendant’s waiver of his right to…