People v. Greth

Appellate Division of the Supreme Court of New York

People v. Greth

213 A.D.2d 911, 624 N.Y.S.2d 974, 1995 N.Y. App. Div. LEXIS 3057

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

DecidedMarch 23, 1995

StatusPublished

This text of 213 A.D.2d 911 (People v. Greth) 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. Greth, 213 A.D.2d 911, 624 N.Y.S.2d 974, 1995 N.Y. App. Div. LEXIS 3057 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered February 14, 1994, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

We reject defendant’s claim that his negotiated sentence of a definite jail term of one year, revocation of his driving privileges and a fine of $1,000 was harsh and excessive. Moreover, since defendant failed to allege in his application to waive the $155 surcharge that the imposition thereof would work an unreasonable hardship upon himself and/or his family, we find that County Court properly declined to waive the surcharge.

Mikoll, J. P., White, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered February 14, 1994, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

We reject defendant’s claim that his negotiated sentence of a definite jail term of one year, revocation of his driving privileges and a fine of $1,000 was harsh and excessive. Moreover, since defendant failed to allege in his application to waive the $155 surcharge that the imposition thereof would work an unreasonable hardship upon himself and/or his family, we find that County Court properly declined to waive the surcharge.

Mikoll, J. P., White, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

213 A.D.2d 911, 624 N.Y.S.2d 974, 1995 N.Y. App. Div. LEXIS 3057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-greth-nyappdiv-1995.