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PEOPLE v. GAMMON

2009-1373 S CR.

30 Misc.3d 46 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN GAMMON, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 15, 2010.

Attorney(s) appearing for the Case

O'Brien & O'Brien, LLP, Nesconset ( Stephen L. O'Brien of counsel), for appellant.

IANNACCI, J.P., NICOLAI and MOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the resentence is affirmed.

After being convicted of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), defendant was sentenced on May 4, 2006 to three years of probation, a condition of the probation being a term of 60 days in jail, and a fine. He served the 60-day term and was released. On June 2, 2009, he admitted to a violation of probation. During the course of the admission proceeding...

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