PEOPLE v. WALKER


38 A.D.3d 1103 (2007)

833 N.Y.S.2d 671

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD J. WALKER, Appellant.

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

Decided March 22, 2007.


Rose, J.

On April 25, 2005, having pleaded guilty to a fifth conviction for driving while intoxicated, defendant was sentenced to five years of probation which required that, among other things, he abstain from the use or purchase of alcohol or illegal drugs and that he successfully undergo a substance abuse evaluation.* Defendant thereafter admittedly failed to comply with these terms by testing positive for marihuana and cocaine in December...

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