People v. Lancaster

Appeal from a judgment of the County Court of Otsego County (Coccoma, J.), rendered January 23, 1998, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

Pursuant to a plea bargain, defendant entered a plea of guilty to the crime of operating a motor vehicle while under the influence of alcohol as an unclassified misdemeanor (see, Vehicle and Traffic Law § 1192 [3]) in full satisfaction of a two-count indictment. Defendant waived his right to appeal and, in exchange, was sentenced to an agreed-upon term of three years’ probation, the payment of a surcharge…