PEOPLE v. KIRK

103733.

87 A.D.3d 1205 (2011)

929 N.Y.S.2d 770

2011 NY Slip Op 6506

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRENT L. KIRK, Appellant.

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

Decided September 22, 2011.


In 2009, defendant was sentenced to a three-year term of probation following his plea of guilty to driving while intoxicated as a misdemeanor. In 2010, defendant admitted to violating the terms of his probation by being arrested three times, being convicted of additional offenses and failing to participate in substance abuse treatment. County Court then revoked defendant's probation and resentenced him to one year in jail. Defendant appeals.

In view of defendant's...

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