After crossing into a lane of oncoming traffic, Aaron T. killed two passengers and severely injured the driver of another vehicle.
After he pleaded guilty to vehicular manslaughter in the first degree, vehicular assault in the second degree, and driving while impaired by drugs, the County Court of Clinton County sentenced Aaron to a 5 1/2 to 16 year prison term.
On appeal, Aaron contended his plea was involuntary, that he was denied effective assistance of counsel, and that the trial judge had abused his discretion by rendering a "harsh and excessive sentence." But the Appellate Division, Third Department, wasn't buying any of it--particularly since Aaron failed to preserve his arguments for appellate review (by making an appropriate motion to the court below).
In any event, since it could find no statements in the record which somehow negated his culpability or guilt, the AD3 could discern no basis to disturb the outcome.
Was that the right way to go?
To view a copy of the Appellate Division's decision, please use the following link: People v. T.