People v Murphy

Court Discusses Whether the Sentence Imposed was Excessive in Driving While Intoxicated Offenses

The defendant was convicted of aggravated driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2-a) (b), driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2), and driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3). The defendant was sentenced to a definite term of one year on each count that would run concurrently. The defendant appealed the sentence on the ground that it was excessive. The defendant was granted a stay of execution of the sentence pending decision of the Appellate Division.

The Appellate Division of the Supreme Court reduced the sentence to to a definite term of incarceration of six months in the interest of justice as the sentence was excessive when looking at her background of the case. Further, the matter was remitted to the trial court to review the weight of the evidence pursuant to section 470.15(5) of the Criminal Procedure Law albeit that the court respected the verdict of the jury as they had the opportunity to view the witness, hear the testimony and observed the defendant’s demeanor.

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