People v. Cuddy

Appellate Division of the Supreme Court of New York

People v. Cuddy

132 A.D.2d 563, 517 N.Y.S.2d 426, 1987 N.Y. App. Div. LEXIS 49089

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 6, 1987

StatusPublished

This text of 132 A.D.2d 563 (People v. Cuddy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cuddy, 132 A.D.2d 563, 517 N.Y.S.2d 426, 1987 N.Y. App. Div. LEXIS 49089 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered August 5, 1986, convicting him of driving while intoxicated, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant pleaded guilty knowingly and voluntarily with the understanding that he would receive the sentence imposed and did not seek to withdraw his plea prior to sentencing (see, People v Pellegrino, 60 NY2d 636; People v Kazepis, 101 AD2d 816). Under the circumstances of this case, the court’s imposition of the mandatory minimum fine of $500 (Vehicle and Traffic Law § 1192 [5]) was not unconstitutionally excessive as applied to this defendant. Mangano, J. P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered August 5, 1986, convicting him of driving while intoxicated, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant pleaded guilty knowingly and voluntarily with the understanding that he would receive the sentence imposed and did not seek to withdraw his plea prior to sentencing (see, People v Pellegrino, 60 NY2d 636; People v Kazepis, 101 AD2d 816). Under the circumstances of this case, the court’s imposition of the mandatory minimum fine of $500 (Vehicle and Traffic Law § 1192 [5]) was not unconstitutionally excessive as applied to this defendant. Mangano, J. P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.

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Bluebook (online)

132 A.D.2d 563, 517 N.Y.S.2d 426, 1987 N.Y. App. Div. LEXIS 49089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cuddy-nyappdiv-1987.

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