PEOPLE v. PATEL


64 A.D.3d 1246 (2009)

881 N.Y.S.2d 793

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ATULKUMAR PATEL, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 10, 2009.


It is hereby ordered that the judgment so appealed from is modified as a matter of discretion in the interest of justice by vacating that part revoking the sentence of probation and imposing sentence and by continuing the sentence of probation originally imposed and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of driving while intoxicated as a felony (Vehicle and...

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