People v. Farrell

Appellate Division of the Supreme Court of New York

People v. Farrell

246 A.D.2d 748, 666 N.Y.S.2d 526, 1998 N.Y. App. Div. LEXIS 333

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

DecidedJanuary 15, 1998

StatusPublished

Cited by4 cases

This text of 246 A.D.2d 748 (People v. Farrell) 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. Farrell, 246 A.D.2d 748, 666 N.Y.S.2d 526, 1998 N.Y. App. Div. LEXIS 333 (N.Y. Ct. App. 1998).

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Opinion

Crew III, J.

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered August 19, 1996, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

Defendant pleaded guilty to the crime of driving while intoxicated as a felony and was sentenced to one year in jail and assessed, inter alia, a $2,500 fine. Having completed his jail sentence, defendant takes issue on this appeal solely with the fine imposed as part of his sentence, contending that it is [749]*749harsh and excessive. We disagree. It is axiomatic that the imposition of sentence rests within the sound discretion of the trial court. Given defendant’s substantial criminal history, including the fact that the instant conviction is his third Vehicle and Traffic Law § 1193 conviction, and inasmuch as the fine imposed was well within the permissible statutory parameters (see, Vehicle and Traffic Law § 1193 [1] [c] [i]), we are not prepared to hold that County Court abused its discretion.

Cardona, P. J., Mercure, Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed.

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Crew III, J.

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered August 19, 1996, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

Defendant pleaded guilty to the crime of driving while intoxicated as a felony and was sentenced to one year in jail and assessed, inter alia, a $2,500 fine. Having completed his jail sentence, defendant takes issue on this appeal solely with the fine imposed as part of his sentence, contending that it is [749]*749harsh and excessive. We disagree. It is axiomatic that the imposition of sentence rests within the sound discretion of the trial court. Given defendant’s substantial criminal history, including the fact that the instant conviction is his third Vehicle and Traffic Law § 1193 conviction, and inasmuch as the fine imposed was well within the permissible statutory parameters (see, Vehicle and Traffic Law § 1193 [1] [c] [i]), we are not prepared to hold that County Court abused its discretion.

Cardona, P. J., Mercure, Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

246 A.D.2d 748, 666 N.Y.S.2d 526, 1998 N.Y. App. Div. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-farrell-nyappdiv-1998.

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