DWI Sentence Modified Upon Appeal

Prior results do not guarantee a similar outcome.

John Ingrassia successfully persuaded NY State Supreme Court Appellate Term to modify a sentence following a DWI conviction. Mr. Ingrassia’s client was convicted after trial of Driving
While Intoxicated and was sentenced to 45 days in the county jail and three years of probation along with fines, surcharges, and license revocation. This law firm did not represent the defendant during the original trial, but was hired to represent the client to prosecute the appeal.

The Appellate Term, agreeing with Mr. Ingrassia’s argument, found that the sentence was unduly harsh and excessive and in the interests of justice modified the sentence by eliminating any further sentence of incarceration. The Defendant had been free on a stay of the jail sentence pending the appellate court’s decision.

This case illustrates the importance that intermediate appellate courts in New York State are free to modify sentences as being unduly harsh or excessive.