People v. Benjamin

Appeal from a *834judgment of the County Court of Chemung County (Castellino, J.), rendered July 19, 1996, upon a verdict convicting defendant of the crime of driving while intoxicated.

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…