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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 7, 1994

StatusPublished

This text of 206 A.D.2d 570 (People v. Boulerice) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.

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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.

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Bluebook (online)

206 A.D.2d 570, 615 N.Y.S.2d 1016, 1994 N.Y. App. Div. LEXIS 7232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boulerice-nyappdiv-1994.