# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · June 6, 2008 · 52 A.D.3d 1248

URL: https://www.frixlaw.com/law-library/cases/5756423

## Case

- **Full name:** The People of the State of New York v. Henry A. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 6, 2008
- **Citations:** 52 A.D.3d 1248; 858 N.Y.S.2d 632
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5756423

## Opinion text

Appeal from a judgment of the Orleans County Court (James P Punch, J.), rendered January 22, 2007. The judgment convicted defendant, upon a jury verdict, of felony driving while intoxicated (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of two counts of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c] [former (i)]), defendant contends that County Court failed to comply with CPL 200.60 (3) because the court arraigned him on the special information prior to the commencement of trial. Defendant’s contention is unpreserved for our review (see CPL 470.05 [2]), and we decline to exercise our power to review it as *1249 a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Contrary to defendant’s further contention, the sentence is not unduly harsh or severe. Present—Martoche, J.P, Smith, Centra, Peradotto and Green, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5756423. Public record. Not legal advice.