[*1]
People v Barth (David)
2009 NY Slip Op 50351(U) [22 Misc 3d 138(A)]
Decided on February 27, 2009
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 27, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : TANENBAUM, J.P., MOLIA and LaCAVA, JJ
2008-473 OR CR.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

David Barth, Appellant.


Appeal from a judgment of the Justice Court of the Town of Wallkill, Orange County (Raymond Shoemaker, J.), rendered December 14, 2007. The judgment convicted defendant, upon his plea of guilty, of speeding and sentenced him to incarceration for two weekends and a fine.


Judgment of conviction modified, as a matter of discretion in the interest of justice, by deleting the provision of incarceration from the sentence imposed; as so modified, affirmed.

Upon a review of the record, we are of the opinion that the interest of justice will be best served by a modification of the sentence imposed as above indicated.

Tanenbaum, J.P., Molia and LaCava, JJ. , concur.
Decision Date: February 27, 2009