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PEOPLE v. KIRKLAND

100039.

2008 NY Slip Op 05972

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA KIRKLAND, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided and Entered: July 3, 2008.

Attorney(s) appearing for the Case

John P.M. Wappett, Public Defender, Lake George (Marcy I. Flores of counsel), for appellant.

Kathleen B. Hogan, District Attorney, Lake George (Ann C. Sullivan, New York Prosecutors Training Institute, Albany, of counsel), for respondent.

Before: Peters, J.P., Spain, Carpinello, Lahtinen and Malone Jr., JJ.

MEMORANDUM AND ORDER

PETERS, J.P.

Pursuant to a plea agreement, defendant waived indictment and pleaded guilty to two consolidated superior court informations charging him with two counts of driving while intoxicated and one count of aggravated unlicensed operation of a motor vehicle in the first degree. He also waived his right to appeal and agreed to a prison sentence of 1 to 3 years. At sentencing, citing defendant's purported failure to cooperate in...

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