People v. Beckwith
Opinion of the Court
Appeal from those parts of a judgment of Ontario County Court (Harvey, J.), entered January 28, 1999, convicting defendant after a jury trial of driving while intoxicated as a felony (two counts).
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice by vacating the finding that defendant is a persistent felony offender and reducing the sentence imposed on each count of driving while intoxicated as a class D felony to an indeterminate term of incarceration of 2 Vs to 7 years and as modified the judgment is affirmed.
Memorandum: Defendant appeals from those parts of a judgment convicting him after a jury trial of two counts of driving while intoxicated as a class D felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c] [ii]) and sentencing him, as a persistent felony offender (see Penal Law § 70.10 [a]), to an indeterminate term of incarceration of 16 years to life on each count, to run concurrently. Defendant presented evidence after County Court denied his motion to dismiss based on the legal
Case-law data current through December 31, 2025. Source: CourtListener bulk data.