KINGSTON – The Appellate Division, Third Department has affirmed the April 2016 conviction of a man who pled guilty to aggravated unlicensed operation of a motor vehicle and driving while impaired by alcohol and drugs.
Gordon Lew’s conviction stems from an incident that occurred in the Town of Olive in February 2015.
After being stopped by a state trooper for an equipment violation, the officer detected the smell of marijuana and observed other indications of intoxication.
Lew later pled guilty to aggravated unlicensed of a motor vehicle and
driving while ability impaired as part of a plea bargain with Ulster County
Court Judge Donald Williams. As part of the plea deal, Lew would be sentenced
to one to three years in state prison and that he would waive his right
to appeal.
In addition to the prison sentence, the court imposed a $1,000 fine, revoked his driver’s license and ordered him to install an ignition interlock device.
On appeal, Lew argued that his sentence was harsh and excessive and that he was deprived of meaningful representative.
The appellate court rejected both claims.
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