People v. Boulerice

Appellate Division of the Supreme Court of New York

People v. Boulerice

206 A.D.2d 570, 615 N.Y.S.2d 1016, 1994 N.Y. App. Div. LEXIS 7232

Appellate Division of the Supreme Court of the State of New York·Decided July 7, 1994·Published

Opinion

Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered April 5, 1993, which revoked defendant’s probation and imposed a sentence of imprisonment.

We reject defendant’s contention that County Court abused its discretion by sentencing defendant to 1 to 3 years in prison upon the revocation of his probation. Defendant had previously pleaded guilty to driving while intoxicated and driving out of the conditions of his license. Defendant admitted violating the conditions of his probation by, inter alia, repeatedly consuming alcoholic beverages. While defendant claims that the sentence imposed was solely punitive in nature, the sentencing minutes reveal that County Court took great care to render an appropriate disposition.

Cardona, P. J., Crew III, Casey, Weiss and Peters, JJ., concur. Ordered that the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered April 5, 1993, which revoked defendant’s probation and imposed a sentence of imprisonment.

We reject defendant’s contention that County Court abused its discretion by sentencing defendant to 1 to 3 years in prison upon the revocation of his probation. Defendant had previously pleaded guilty to driving while intoxicated and driving out of the conditions of his license. Defendant admitted violating the conditions of his probation by, inter alia, repeatedly consuming alcoholic beverages. While defendant claims that the sentence imposed was solely punitive in nature, the sentencing minutes reveal that County Court took great care to render an appropriate disposition.

Cardona, P. J., Crew III, Casey, Weiss and Peters, JJ., concur. Ordered that the judgment is affirmed.

People v. Boulerice, 206 A.D.2d 570, 615 N.Y.S.2d 1016, 1994 N.Y. App. Div. LEXIS 7232 (N.Y. Ct. App. 1994).

Pincite

206 A.D.2d 570 (People v. Boulerice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.