The
Appellate Division, Third Department has today unanimously affirmed the July,
2015 conviction of Michael Cuchelo upon his plea of guilty to the crime of
driving while intoxicated.
Defendant’s
conviction stems from his arrest in August, 2014 in the Town of Lloyd. After being stopped for speeding, Town of
Lloyd Police noticed telltale signs of intoxication and defendant subsequently
failed four of the field sobriety tests administered. A breath test later revealed that he had a
.16 blood alcohol content.
Defendant
subsequently pled guilty to a superior court information charging him with
driving while intoxicated and executed a waiver of appeal. He was subsequently sentenced by County Court
to an indeterminate one and one-third to five year State prison sentence.
On
appeal, the defendant claimed that the sentence imposed by County Court was
unduly harsh and severe. However, the
Appellate Division, Third Department determined that defendant was precluded
from challenging his sentence on the ground it was unduly harsh and excessive
as he validly waived his right to appeal.
On
appeal, the defendant is represented by James R. McGinn, Esq. of Delmar, New
York. Assistant District Attorney Joan
Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.
