PEOPLE v. WHEELER


52 A.D.3d 948 (2008)

858 N.Y.S.2d 614

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW E. WHEELER, Appellant.

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

Decided June 12, 2008.


While serving a five-year term of probation for his conviction of driving while intoxicated, defendant—following an evidentiary hearing—was found guilty of violating the conditions of his probation by getting arrested for driving while intoxicated. Consequently, County Court revoked defendant's probation and resentenced him to 1 1/3 to 4 years in prison. Defendant now appeals, contending that his resentence is harsh and excessive. We disagree and affirm. Having...

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