People v. Stauffer, 247 A.D.2d 911 (N.Y. App. Div. 4th Dep't 1998). · Go Syfert
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People v. Stauffer, 247 A.D.2d 911 (N.Y. App. Div. 4th Dep't 1998). Cases Citing This Book View Copy Cite
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Strongest positive: Foust v. Goord, 262 A.D.2d 904 (N.Y. App. Div. 3d Dep't 1999)
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  • Foust v. Goord, 262 A.D.2d 904 (N.Y. App. Div. 3d Dep't 1999).published
    We have examined petitioner’s remaining arguments, including his claim that his due process rights were infringed due to the denial of his request for a copy of the SYVA ETS operation manual (see, Matter of Kussius v Walker, supra, at 912;…
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The People of the State of New York
v.
John W. Stauffer
Appellate Division of the Supreme Court of the State of New York.
Feb 4, 1998.
Published opinion
247 A.D.2d 911
1998 N.Y. App. Div. LEXIS 1253
Balio, Boehm, Denman, Hayes, Pine.
Cited by 1 opinion  |  Published

Judgment unanimously affirmed. Memorandum : The contention of defendant that County Court abused its discretion in sentencing him as a persistent felony offender is without merit (see, Penal Law § 70.10; People v Bowers, 201 AD2d 830, 831, lv denied 83 NY2d 909). Further, in light of defendant’s extensive history of alcohol related offenses and flagrant disregard for the consequences of driving in an intoxicated condition, we conclude that the sentence is neither unduly harsh nor severe (see, People v Turner, 234 AD2d 704, 707). (Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.)

Present — Denman, P. J., Pine, Hayes, Balio and Boehm, JJ.