PEOPLE v. GAMMON

No. 108.

19 N.Y.3d 893 (2012)

973 N.E.2d 160

950 N.Y.S.2d 65

2012 NY Slip Op 4667

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

Court of Appeals of New York.

Decided June 12, 2012.


Attorney(s) appearing for the Case

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

Thomas J. Spota , District Attorney, Riverhead ( Michael J. Miller and Thomas Constant of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be affirmed.

After being convicted of driving while intoxicated (see Vehicle and Traffic Law § 1192 [3]), defendant was sentenced to three years of probation and served a 60-day term of incarceration (a condition of probation). Some time thereafter, defendant was found to have violated a condition of probation and, as a...

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