PEOPLE v. MILLER

2019-03277. Ind. No. 17-00669.

191 A.D.3d 802 (2021)

141 N.Y.S.3d 490

2021 NY Slip Op 00868

The People of the State of New York, Respondent, v. Marc A. Miller, Appellant.

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

Decided February 10, 2021.


Attorney(s) appearing for the Case

Mary Zugibe Raleigh , Warwick, NY, for appellant.

David M. Hoovler , District Attorney, Middletown, NY ( William C. Ghee of counsel), for respondent.

Austin, J.P., Miller, LaSalle and Barros, JJ., concur.


Ordered that the judgment is modified, on the law, by vacating so much of the sentence as directed the defendant to install an ignition interlock device on any vehicle he owns or operates for a period of three years; as so modified, the judgment is affirmed.

As the People correctly concede, the County Court improperly imposed an ignition interlock device requirement upon the defendant. The defendant pleaded guilty to aggravated driving while intoxicated in violation...

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