People v. Schlau

Appellate Division of the Supreme Court of New York

People v. Schlau

299 A.D.2d 932, 749 N.Y.S.2d 924, 2002 N.Y. App. Div. LEXIS 11008

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

DecidedNovember 15, 2002

StatusPublished

This text of 299 A.D.2d 932 (People v. Schlau) 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. Schlau, 299 A.D.2d 932, 749 N.Y.S.2d 924, 2002 N.Y. App. Div. LEXIS 11008 (N.Y. Ct. App. 2002).

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Opinion

Appeal from a judgment of Supreme Court, Erie County (Buscaglia, J.), entered March 30, 2000, convicting defendant upon his plea of guilty of felony driving while intoxicated.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice by vacating the fine and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [ii]). He was sentenced to a one-year term of incarceration and was ordered to pay a fine of $5,000. It is undisputed that defendant was indigent at the time of sentencing and that the fine was not discussed as part of defendant’s plea agreement. Furthermore, Supreme Court did not set forth its basis for determining the amount of the fine. Under the circumstances of this case, we modify the judgment by vacating the fine. Present — Green, J.P., Wisner, Hurlbutt, Burns and Gorski, JJ.

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Appeal from a judgment of Supreme Court, Erie County (Buscaglia, J.), entered March 30, 2000, convicting defendant upon his plea of guilty of felony driving while intoxicated.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice by vacating the fine and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [ii]). He was sentenced to a one-year term of incarceration and was ordered to pay a fine of $5,000. It is undisputed that defendant was indigent at the time of sentencing and that the fine was not discussed as part of defendant’s plea agreement. Furthermore, Supreme Court did not set forth its basis for determining the amount of the fine. Under the circumstances of this case, we modify the judgment by vacating the fine. Present — Green, J.P., Wisner, Hurlbutt, Burns and Gorski, JJ.

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Bluebook (online)

299 A.D.2d 932, 749 N.Y.S.2d 924, 2002 N.Y. App. Div. LEXIS 11008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schlau-nyappdiv-2002.

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