People v. Murph

Appellate Division of the Supreme Court of New York

People v. Murph

53 A.D.2d 702, 385 N.Y.S.2d 112, 1976 N.Y. App. Div. LEXIS 13463

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

DecidedJune 28, 1976

StatusPublished

Cited by1 cases

This text of 53 A.D.2d 702 (People v. Murph) 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. Murph, 53 A.D.2d 702, 385 N.Y.S.2d 112, 1976 N.Y. App. Div. LEXIS 13463 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Nassau County, rendered July 2, 1975, convicting him of operating a motor vehicle under the influence of alcohol, as a felony (two counts), and imposing sentence. Judgment modified as to the sentence, on the law, by vacating the fine and the alternative jail sentence imposed under the first count of the indictment. As so modified, judgment affirmed. A proper sentence upon conviction of operating a motor vehicle under the influence of alcohol is one which complies with the penalty provisions of the Penal Law (see Penal Law, § 55.00; People v Messinger, 35 NY2d 987, affg 43 AD2d 15; People v Hicks, 51 AD2d 751). Section 80.00 of the Penal Law does not authorize the imposition of a fine under the facts of the instant case. The other arguments raised by the defendant have been considered and found to be without merit. Martuscello, Acting P. J., Cohalan, Margett, Damiani and Hawkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the County Court, Nassau County, rendered July 2, 1975, convicting him of operating a motor vehicle under the influence of alcohol, as a felony (two counts), and imposing sentence. Judgment modified as to the sentence, on the law, by vacating the fine and the alternative jail sentence imposed under the first count of the indictment. As so modified, judgment affirmed. A proper sentence upon conviction of operating a motor vehicle under the influence of alcohol is one which complies with the penalty provisions of the Penal Law (see Penal Law, § 55.00; People v Messinger, 35 NY2d 987, affg 43 AD2d 15; People v Hicks, 51 AD2d 751). Section 80.00 of the Penal Law does not authorize the imposition of a fine under the facts of the instant case. The other arguments raised by the defendant have been considered and found to be without merit. Martuscello, Acting P. J., Cohalan, Margett, Damiani and Hawkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

53 A.D.2d 702, 385 N.Y.S.2d 112, 1976 N.Y. App. Div. LEXIS 13463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-murph-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack