After he pleaded guilty to driving while intoxicated--a class D felony--Charles Winters claimed that his sentence of nine months in jail and five years of probation was unduly severe.
When the case got to the Appellate Division, Fourth Department, it was unsympathetic to the guy's plight.
Apparently, Winters had four felony convictions for intoxicated driving and was had been undeterred from drinking and driving while on probation. (It didn't help the guy's case that he narrowly missed hitting a police vehicle.)
Dead of Winters?
To view a copy of the Appellate Division's decision, please use this link: People v. Winters