Legal Opinion
People v. Moore
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1995PublishedCited by 9 opinions
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oswego County Court for resentencing in accordance with the following Memorandum: Defendant pleaded guilty to one count of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and thus was subject to punishment of a fine, a period of imprisonment, or both (see, Vehicle and Traffic Law § 1193 [1] [c]). County Court’s statement that there was a mandatory minimum fine was based upon a misapprehension that the court did not have discretion in sentencing. The sentence therefore is vacated and…
2Cases cited5 opinions
- People v. CroninNew York Court of Appeals · 1983
- People v. FullerNew York Court of Appeals · 1982
- People v. WoodardAppellate Division of the Supreme Court of the State of New York · 1994
- People v. HornAppellate Division of the Supreme Court of the State of New York · 1990
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1967
3Cited by9 opinions
- People v. JohnAppellate Division of the Supreme Court of the State of New York · 2001
- People v. FehrAppellate Division of the Supreme Court of the State of New York · 2003
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 2006
- People v. DominAppellate Division of the Supreme Court of the State of New York · 2001
- People v. HagerAppellate Division of the Supreme Court of the State of New York · 1995
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