PEOPLE v. STRAUTS

KA 08-02091

67 A.D.3d 1381 (2009)

889 N.Y.S.2d 783

2009 NY Slip Op 08314

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER E. STRAUTS, Appellant.

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

Decided November 13, 2009.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of two counts of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c] [former (ii)]) and sentencing him to an indeterminate term of imprisonment. We reject the contention of defendant that the People failed to establish by a preponderance...

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