PEOPLE v. DAY

2018-1114 DCR.

67 Misc.3d 54 (2020)

122 N.Y.S.3d 858

2020 NY Slip Op 20082

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CYNTHIA DAY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided April 9, 2020.


Attorney(s) appearing for the Case

Thomas Angell , Public Defender ( Larwence D. King of counsel), for appellant.

William V. Grady , District Attorney ( Kirsten A. Rappleyea of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the amended judgment is reversed, on the law, and the matter is remitted to the Justice Court for a hearing pursuant to CPL 410.70 as to whether defendant violated a condition of her sentence and for a new determination thereafter.

On September 15, 2017, defendant pleaded guilty to driving while intoxicated (per se) (Vehicle and Traffic Law § 1192[2]) and was sentenced to a $500 fine and a one-year...

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