People v. Rivers

—Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered September 15, 1997, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

Defendant pleaded guilty to driving while intoxicated as a felony in satisfaction of a three-count indictment. In accordance with the plea agreement, the People recommended a sentence of one year in jail; however, County Court, considering defendant’s prior criminal history and his attitude toward his alcoholism (that he has never hurt anyone), sentenced defendant to a prison term of 1 to 3 years.…