FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: OCTOBER 4, 2018
The Appellate Division, Third Department has unanimously affirmed the April, 2016 conviction of Gordan Lew upon his plea of guilty of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving while ability impaired by the combined influence of alcohol and drugs.
Defendant’s conviction stems from an incident which occurred in the Town of Olive in February, 2015. After being stopped by a State trooper for an equipment violation, the trooper detected the smell of marijuana and observed other indicia of intoxication.
Defendant later pled guilty to aggravated unlicensed operation of a motor vehicle in the first degree and driving while ability impaired in the Ulster County Court (Williams, J.) and as part of the plea bargain which included an agreed upon aggregate one to three year State prison sentence, he waived his right to appeal. In addition to the one to three year prison term, the Court imposed a $1,000 fine, revoked defendant’s license and ordered him to install an ignition interlock device.
On appeal defendant challenged his sentence as being harsh and excessive and, further, maintained that he was deprived of meaningful representation. However, the Appellate Division, Third Department rejected both claims.
On appeal, the defendant is represented by Tracy Steeves, Esq. of Kingston, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.