From Casetext: Smarter Legal Research

People v. Washington

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1975
49 A.D.2d 914 (N.Y. App. Div. 1975)

Opinion

October 14, 1975


Appeal by defendant from a judgment of the County Court, Nassau County, rendered October 8, 1974, convicting him of driving while intoxicated, as a felony, upon his plea of guilty, and imposing a sentence, inter alia, of five years' probation and a $300 fine or three months in jail. Judgment affirmed as to the conviction; judgment reversed as to the sentence, on the law, and case remanded to the County Court for resentencing. The proper sentence to be imposed upon a conviction for driving while intoxicated, as a felony, is to be found in sections 55.10, 60.01 and 70.00 of the Penal Law and not in section 1192 Veh. Traf. of the Vehicle and Traffic Law (see People v Messinger, 35 N.Y.2d 987, affg 43 A.D.2d 15; People v Bouton, 40 A.D.2d 383). Thus, the sentence, which imposed both a fine and probation, was invalid as a matter of law. We find no merit in the argument that appellant was deprived of his right to a speedy trial; his failure to appear in court as scheduled, and his unexplained whereabouts thereafter, were the prime causes of the delay, which, in any event, did not prejudice him (see People v Taranovich, 37 N.Y.2d 442). Rabin, Acting P.J., Martuscello, Cohalan, Margett and Munder, JJ., concur.


Summaries of

People v. Washington

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1975
49 A.D.2d 914 (N.Y. App. Div. 1975)
Case details for

People v. Washington

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL WASHINGTON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 1975

Citations

49 A.D.2d 914 (N.Y. App. Div. 1975)

Citing Cases

People v. Porter

As such, all sentencing provisions for outside felonies are governed exclusively by the general provisions of…

People v. Miller

"We find no merit in the argument that appellant was deprived of his right to a speedy trial; his failure to…