Opinion
3404.
Decided April 20, 2004.
Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered October 11, 2002, convicting defendant, upon his plea of guilty, of operating a motor vehicle while under the influence of alcohol and two counts of aggravated unlicenced operation of a motor vehicle in the first degree, and sentencing him to three concurrent terms of 1 year and fines of $1000, $500 and $500 on the respective convictions, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the fine of $1000, and otherwise affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.
Before: Tom, J.P., Saxe, Williams, Friedman, Marlow, JJ.
We find defendant's sentence to be excessive to the extent indicated. We are persuaded principally by the fact that the sentencing court was reluctant to impose a fine on the conviction of operating under the influence of alcohol, but was under the misimpression that such fine was mandatory.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.