People v. Cassara
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Defendant pleaded guilty to one count of driving while intoxicated (hereinafter DWI) as a class E felony (see Vehicle and Traffic Law § 1192 [2]; § 1193 [1] [c] [i]) in satisfaction of an indictment charging him with two counts of DWI, and waived his right to appeal. The charges followed defendant’s arrest near the scene of a vehicular accident in the City of Gloversville, Fulton County, and a toxicology test revealing that defendant had a blood alcohol content of .17%. Defendant had a prior DWI conviction within the previous 10 years.* In accordance with the plea agreement, County Court…
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