People v. Fingland

Appellate Division of the Supreme Court of New York

People v. Fingland

273 A.D.2d 925, 711 N.Y.S.2d 808, 2000 N.Y. App. Div. LEXIS 6755

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

DecidedJune 16, 2000

StatusPublished

Cited by2 cases

This text of 273 A.D.2d 925 (People v. Fingland) 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. Fingland, 273 A.D.2d 925, 711 N.Y.S.2d 808, 2000 N.Y. App. Div. LEXIS 6755 (N.Y. Ct. App. 2000).

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Opinion

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Monroe County Court for resentencing in accordance with the following Memorandum: The sentencing minutes establish that County Court improperly sentenced defendant to a term of incarceration of IV3 to 3 years upon her conviction of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2]; § 1193 [1] [c]; see, Penal Law § 70.00 [3] [b]), although a legal sentence of lVs to 4 years is set forth in the certificate of conviction. Because the court imposed an illegal sentence, we modify the judgment by vacating the sentence, and we remit the matter to Monroe County Court for resentencing (see, People v Bernard, 214 AD2d 576, 578, lv denied 86 NY2d 732). (Appeal from Judgment of Monroe County Court, Bristol, J. — Felony Driving While Intoxicated.) Present — Pine, J. P., Wisner, Scudder and Lawton, JJ.

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Judgment unanimously modified on the law and as modified affirmed and matter remitted to Monroe County Court for resentencing in accordance with the following Memorandum: The sentencing minutes establish that County Court improperly sentenced defendant to a term of incarceration of IV3 to 3 years upon her conviction of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2]; § 1193 [1] [c]; see, Penal Law § 70.00 [3] [b]), although a legal sentence of lVs to 4 years is set forth in the certificate of conviction. Because the court imposed an illegal sentence, we modify the judgment by vacating the sentence, and we remit the matter to Monroe County Court for resentencing (see, People v Bernard, 214 AD2d 576, 578, lv denied 86 NY2d 732). (Appeal from Judgment of Monroe County Court, Bristol, J. — Felony Driving While Intoxicated.) Present — Pine, J. P., Wisner, Scudder and Lawton, JJ.

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Bluebook (online)

273 A.D.2d 925, 711 N.Y.S.2d 808, 2000 N.Y. App. Div. LEXIS 6755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fingland-nyappdiv-2000.

Opinion

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