Appellate Division of the Supreme Court of New York, 1998

People v. Goodbody

People v. Goodbody
Appellate Division of the Supreme Court of New York · Decided April 29, 1998
249 A.D.2d 977; 671 N.Y.S.2d 707; 1998 N.Y. App. Div. LEXIS 5123
People v. Goodbody

Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her of driving while intoxicated as a felony (Penal Law § 1192 [3]; § 1193 [1] [c]) and unlawful possession of marihuana (Penal Law § 221.05). County Court’s Sandoval ruling was not an abuse of discretion (see, People v Drakes, 211 AD2d 809, lv denied 86 NY2d 734; People v Rhodes, 96 AD2d 565, 567). Defendant failed to preserve for our review her contention that the presentence report was inadequate (see, CPL 470.05 [2]). Finally, defendant’s sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Wisner, Pigott, Jr., Balio and Fallon, JJ.

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