People v Ramalhete (Paul)

[*1] People v Ramalhete (Paul) 2005 NYSlipOp 50556(U) Decided on April 15, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 15, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
2003-1725 N CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

PAUL RAMALHETE, Appellant.

Appeal by defendant from a judgment of the District Court, Nassau County (L. Ruskin, J.), rendered December 4, 2003, convicting him, upon his plea of guilty, of driving while ability impaired (Vehicle and Traffic Law § 1192 [1]) and sentencing him to a $350 fine which, in effect, was comprised of a $300 fine for his conviction on said charge and a $50 fine for wearing jeans in the courtroom.

Judgment of conviction modified on the law by reducing the $350 fine imposed to the sum of $300; as so modified, affirmed.

After defendant pleaded guilty to driving while ability impaired (Vehicle and Traffic Law § 1192 [1]), he was sentenced to a conditional discharge, a $350 fine, and his
license was suspended for 90 days. During sentencing, the trial court stated that $50 of the $350 fine was imposed because defendant wore jeans in the courtroom.

Contrary to the People's contention, it is well settled that a defendant may not waive his right to challenge the legality of a sentence (see People v Allen, 86 NY2d 599 [1995]). Pursuant to Vehicle and Traffic Law § 1193 (1), a fine of $300 to $500 can be imposed upon a conviction for violating Vehicle and Traffic Law § 1192 (1). Penal Law § 65.10 (2) (l) provides that a court "shall, as a condition of the sentence, consider restitution or reparation and may, as a condition of the sentence, require that the defendant . . . [s]atisfy any other conditions reasonably related to his rehabilitation." Inasmuch as the $50 fine imposed because defendant wore jeans was not [*2]authorized under Vehicle and Traffic Law § 1193 (1), and was not reasonably related to defendant's rehabilitation (cf. Penal Law § 65.10 [2] [l]), said sentence was contrary to the statute. Accordingly, the sentence is modified by reducing the $350 fine to the sum of $300.

McCabe, P.J., and Tanenbaum, J., concur.

Covello, J., taking no part.
Decision Date: April 15, 2005