People v. Butler

Summary

The Appellate Division, Second Department, affirmed judgments convicting Reliina Butler of felony driving while intoxicated and imposing consecutive probation after a probation violation. The court held that the sentences were legal under Vehicle and Traffic Law § 1192(3) and Penal Law § 60.21, and that Butler's valid waiver of appellate rights barred review of her excessive-sentence claim.

Holdings

1. The sentences were not illegal. When a person is convicted under Vehicle and Traffic Law § 1192(3), Penal Law § 60.21 requires the sentencing court to impose a period of probation or conditional discharge consecutive to any imprisonment, notwithstanding Penal Law § 60.01(2)(d).
2. Under the totality of the circumstances, defendant knowingly, voluntarily, and intelligently waived her right to appeal. The valid waiver precluded appellate review of her claim that the sentences were excessive.

Questions Presented

1. Whether the sentences imposed after defendant's conviction under Vehicle and Traffic Law § 1192(3), including a consecutive period of probation, were illegal.
2. Whether defendant knowingly, voluntarily, and intelligently waived her right to appeal.
3. Whether the valid appeal waiver precluded appellate review of defendant's claim that the sentences were excessive.

Disposition

affirmed