| People v Becker |
| 2010 NY Slip Op 01746 [71 AD3d 1372] |
| March 4, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Traci R.Becker, Appellant. |
—[*1] Thomas E. Moran, District Attorney, Geneseo (Eric R. Schiener of counsel), forrespondent.
Appeal from a judgment of the Livingston County Court (Dennis S. Cohen, J.), renderedDecember 4, 2008. The judgment convicted defendant, upon a nonjury verdict, of driving whileintoxicated as a class E felony and failure to keep right.
It is hereby ordered that the judgment so appealed from is unanimously modified as a matterof discretion in the interest of justice by reducing the sentence imposed for driving whileintoxicated as a class E felony to time served, a five-year period of probation and a fine of$1,000 and as modified the judgment is affirmed, and the matter is remitted to LivingstonCounty Court for further proceedings in accordance with the following memorandum: Defendantappeals from a judgment convicting her after a bench trial of driving while intoxicated as a classE felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]) andfailure to keep right (§ 1120 [a]), and sentencing her to an indeterminate term ofincarceration of 1 to 3 years. We agree with defendant that the sentence imposed is unduly harshand severe. Thus, as a matter of discretion in the interest of justice (see CPL 470.15 [6][b]), we modify the judgment by reducing the sentence imposed for driving while intoxicated asa class E felony to time served, a five-year period of probation and a fine of $1,000 (Penal Law§ 60.01 [2] [d]; § 65.00 [3] [a] [i]; Vehicle and Traffic Law § 1193 [1] [c][former (i)]). We remit the matter to Livingston County Court to specify the conditions ofprobation and to transfer supervision of probation to the appropriate probation departmentpursuant to CPL 410.80 (1). We have reviewed defendant's remaining contentions and concludethat they are without merit. Present—Smith, J.P., Centra, Fahey, Green and Pine, JJ.