PEOPLE v. RECOR


87 N.Y.2d 933 (1996)

663 N.E.2d 910

640 N.Y.S.2d 869

The People of the State of New York, Respondent, v. Terry L. Recor, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 1996.


Attorney(s) appearing for the Case

Alexander Lesyk, Public Defender of Franklin County, Chateaugay, for appellant.

Richard H. Edwards, District Attorney of Franklin County, Malone, for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

County Court, Franklin County, after a hearing, revoked appellant's probation for an incident in August 1993 in which he was found to be intoxicated. That constituted a violation of one of the conditions — avoidance of alcohol — of his probationary sentence. The underlying conviction was for felony driving while intoxicated and aggravated...

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