PEOPLE v. COSTANZA


36 A.D.3d 829 (2007)

829 N.Y.S.2d 160

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADAM COSTANZA, Appellant.

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

Decided January 23, 2007.


Ordered that the amended judgment is affirmed.

On May 21, 2003 the defendant, having pleaded guilty to assault in the second degree, was sentenced to, inter alia, a period of probation which included as conditions thereof that he abstain from the use of illegal drugs or alcohol and submit to testing for these substances. In April 2005 the defendant was arrested in connection with a complaint of assault and unlawful imprisonment; at that time, he refused to submit...

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