PEOPLE v. SPITZLEY


303 A.D.2d 837 (2003)

755 N.Y.S.2d 336

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KARL SPITZLEY, Appellant.

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

Decided March 13, 2003.


After pleading guilty to the crime of driving while intoxicated, defendant was sentenced to five years' probation. Defendant was subsequently arrested and, following a hearing, was found to have violated the terms of his probation by, inter alia, being under the influence of alcohol and in possession of a loaded weapon. County Court revoked his probation and sentenced him to a prison term of 1 1/3 to 4 years. On appeal, defendant's

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