PEOPLE v. CAPONE

109051.

160 A.D.3d 1221 (2018)

71 N.Y.S.3d 912

2018 NY Slip Op 02684

The People of the State of New York, Respondent, v. Aaron T. Capone, Appellant.

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

Decided April 19, 2018.


Defendant pleaded guilty to aggravated driving while intoxicated and waived his right to appeal. After successfully completing a period of interim probation, County Court (Richards, J.) sentenced defendant to five years of probation. Thereafter, defendant admitted to violating a condition of his probation by consuming alcohol. County Court (Champagne, J.) then revoked defendant's probation and resentenced him to 1 to 3 years in prison followed by three years of conditional...

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