People v. Stich

Appellate Division of the Supreme Court of New York

People v. Stich

112 A.D.2d 389, 491 N.Y.S.2d 997, 1985 N.Y. App. Div. LEXIS 56523

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

DecidedJuly 22, 1985

StatusPublished

This text of 112 A.D.2d 389 (People v. Stich) 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. Stich, 112 A.D.2d 389, 491 N.Y.S.2d 997, 1985 N.Y. App. Div. LEXIS 56523 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered January 26, 1984, convicting her of criminal possession of a controlled substance in the fourth degree, upon her plea of guilty, and imposing sentence of a definite term of 30 days’ imprisonment and a concurrent five-year term of probation, with 125 hours of community service.

Judgment affirmed, and case remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (5).

We reject defendant’s contention that the imposition of the $75 mandatory surcharge, pursuant to Penal Law § 60.35 (1) (a) was a "fine” imposed in violation of the plea agreement {cf. Penal Law § 80.00).

We have reviewed defendant’s other contentions, including her claim that the sentence imposed was harsh and excessive, and find them to be without merit. Brown, J. P., Rubin, Lawrence and Kunzeman, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered January 26, 1984, convicting her of criminal possession of a controlled substance in the fourth degree, upon her plea of guilty, and imposing sentence of a definite term of 30 days’ imprisonment and a concurrent five-year term of probation, with 125 hours of community service.

Judgment affirmed, and case remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (5).

We reject defendant’s contention that the imposition of the $75 mandatory surcharge, pursuant to Penal Law § 60.35 (1) (a) was a "fine” imposed in violation of the plea agreement {cf. Penal Law § 80.00).

We have reviewed defendant’s other contentions, including her claim that the sentence imposed was harsh and excessive, and find them to be without merit. Brown, J. P., Rubin, Lawrence and Kunzeman, JJ., concur.

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Bluebook (online)

112 A.D.2d 389, 491 N.Y.S.2d 997, 1985 N.Y. App. Div. LEXIS 56523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stich-nyappdiv-1985.

Opinion

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