| People v Singh (Balwinder) |
| 2019 NY Slip Op 50928(U) [63 Misc 3d 163(A)] |
| Decided on June 6, 2019 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Samuel E. Rieff, for appellant. Nassau County District Attorney (Jason R. Richards and Michael K. Degree of counsel), for respondent.
Appeal by defendant, as limited by the brief, from a sentence of the District Court of Nassau County, First District (Eric Bjorneby, J.), imposed October 17, 2017, upon his conviction, upon a jury verdict, of common-law driving while intoxicated.
ORDERED that the sentence is affirmed.
On appeal, defendant seeks a modification of his sentence of 60 days in jail imposed upon his conviction, upon a jury verdict, of common-law driving while intoxicated (Vehicle and Traffic Law § 1192 [3]). It is well settled that sentencing is a matter committed to the sentencing court's discretion (see People v Farrar, 52 NY2d 302, 305 [1981]; see also People v Suitte, 90 AD2d 80, 85 [1982]). A review of the record indicates that defendant's sentence was neither harsh nor excessive (see People v Suitte, 90 AD2d 80), and no extraordinary circumstances exist that warrant a modification of the sentence (see People v Hodges, 13 AD3d 979 [2004]; People v Dolphy, 257 AD2d 681 [1999]).
Accordingly, the sentence is affirmed.
ADAMS, P.J., GARGUILO and EMERSON, JJ., concur.