People v. Deacon

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of two counts of driving while intoxicated as a felony. County Court sentenced defendant to 11 months in jail, fined him $1,000, and revoked his driver’s license. Defendant contends that it was error for the court, following a Mappl Huntley hearing, to deny the motion to suppress the results of a breathalyzer test and defendant’s statements to police. Additionally, defendant contends that his sentence is harsh and excessive.

The stop and arrest were valid. The deputy had…