People v. Gallagher

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts of driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]). We reject defendant’s contention that the sentence of two weekends in jail and a fine of $1,000 is unduly harsh or severe. Deterrence is a legitimate consideration in sentencing (see, People v Farrar, 52 NY2d 302 , 305-306), particularly in the context of imposing a sentence for driving while intoxicated, which is widely recognized as a critical societal problem. Although deterrence alone would not have justified imposition of the maximum authorized term of imprisonment (see, People v Jensen, 111 AD2d 986 , 987; People v Whiting, 89 AD2d 694 , 695), the sentence of two weekends in jail is not the maximum term allowed, nor is it unduly harsh or severe, particularly in view of the underage drinking (see, People v Benedict, 274 AD2d