Appellate Division of the Supreme Court of New York, 1999

People v. Carnes

People v. Carnes
Appellate Division of the Supreme Court of New York · Decided November 12, 1999
266 A.D.2d 856; 698 N.Y.S.2d 209; 1999 N.Y. App. Div. LEXIS 11894
People v. Carnes

Opinion of the Court

—Sentence unanimously affirmed. Memorandum: Defendant’s notice of appeal recites that defendant is appealing only from the sentence. Contrary to defendant’s contention, the notice of appeal does not encompass an appeal from the judgment (see, CPL 1.20 [14], [15]; 450.10 [1], [2]). The sentence is neither unduly harsh nor severe. (Appeal from Sentence of Cattaraugus County Court, Himelein, J. — Felony Driving While Intoxicated.) Present — Pine, J. P., Wisner, Pigott, Jr., Hurlbutt and Scudder, JJ.

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