People v. Salamino

Appellate Division of the Supreme Court of New York

People v. Salamino

134 A.D.2d 379, 521 N.Y.S.2d 23, 1987 N.Y. App. Div. LEXIS 50568

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 1987·Published·Cited by 1 cases

Opinion

Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Suffolk County (Weissman, J.), imposed November 18, 1986, upon his conviction of operating a motor vehicle while under the influence of alcohol as a felony and aggravated unlicensed operation of a motor vehicle in the first degree, upon his plea of guilty, the sentence being a $500 fine on each count and concurrent indeterminate terms of 1 to 3 years’ imprisonment.

Ordered that the sentence is affirmed.

The sentence imposed was in accordance with the plea bargain agreement and under the circumstances was not improper (People v Kazepis, 101 AD2d 816). Further, with respect to the defendant’s request at sentencing for a waiver of the fines, as the court correctly informed counsel, the proper vehicle for such relief is a postsentencing motion for resentence pursuant to CPL 420.10 (5), upon notice to the appropriate parties as provided therein. Mangano, J. P., Brown, Weinstein, Lawrence and Kunzeman, JJ., concur.

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Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Suffolk County (Weissman, J.), imposed November 18, 1986, upon his conviction of operating a motor vehicle while under the influence of alcohol as a felony and aggravated unlicensed operation of a motor vehicle in the first degree, upon his plea of guilty, the sentence being a $500 fine on each count and concurrent indeterminate terms of 1 to 3 years’ imprisonment.

Ordered that the sentence is affirmed.

The sentence imposed was in accordance with the plea bargain agreement and under the circumstances was not improper (People v Kazepis, 101 AD2d 816). Further, with respect to the defendant’s request at sentencing for a waiver of the fines, as the court correctly informed counsel, the proper vehicle for such relief is a postsentencing motion for resentence pursuant to CPL 420.10 (5), upon notice to the appropriate parties as provided therein. Mangano, J. P., Brown, Weinstein, Lawrence and Kunzeman, JJ., concur.

People v. Salamino, 134 A.D.2d 379, 521 N.Y.S.2d 23, 1987 N.Y. App. Div. LEXIS 50568 (N.Y. Ct. App. 1987).

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Opinion

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