PEOPLE v. BENJAMIN


8 A.D.3d 833 (2004)

778 N.Y.S.2d 330

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY L. BENJAMIN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 17, 2004.


Defendant was convicted following a jury trial of driving while intoxicated. He was sentenced to 180 days in jail and five years' probation, and was required to pay a $2,500 fine, the mandatory surcharge and a crime victim's assistance fee.

On appeal, he argues that the $2,500 fine renders the sentence harsh and excessive. We disagree. The record discloses that, at the time of the subject offense, defendant had two prior driving while intoxicated convictions, one...

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