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PEOPLE v. SAWINSKI

294 A.D.2d 667 (2002)

742 N.Y.S.2d 690

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN G. SAWINSKI, Appellant.

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

Decided May 9, 2002.

Mugglin, J.

Following his conviction for two felony counts of driving while intoxicated, defendant was sentenced to 180 days in jail and five years' probation. As a condition of probation, defendant was required to wear an electronic monitoring device for a period of 180 days. On appeal, we held that "County Court's imposition of electronic monitoring as a condition of probation for nonrehabilitative purposes was improper" (People v Sawinski,

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