PEOPLE EX REL. FANCHER v. WASSER


244 A.D.2d 79 (1998)

676 N.Y.S.2d 289

The People of the State of New York ex rel. David Fancher, Appellant, v. Joseph Wasser, as Sheriff of Sullivan County, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 16, 1998


Attorney(s) appearing for the Case

Friedman & Killian, Liberty (Elissa Yavne Killian of counsel), for appellant.

David M. Gold, Assistant County Attorney, Monticello, for respondent.

MIKOLL, J. P., MERCURE, WHITE and CARPINELLO, JJ., concur.


PETERS, J.

In April 1996, after his plea of guilty to the crime of driving while intoxicated, petitioner was sentenced to an intermittent sentence of four months of weekend incarceration and probation for a term of five years. Approximately one year later, charged with a violation of probation, petitioner pleaded guilty and was sentenced to a jail term of one year, with credit for time served. After receiving...

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