People v. Soltis

Appellate Division of the Supreme Court of New York

People v. Soltis

229 A.D.2d 991, 646 N.Y.S.2d 480, 1996 N.Y. App. Div. LEXIS 9043

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

DecidedJuly 12, 1996

StatusPublished

Cited by2 cases

This text of 229 A.D.2d 991 (People v. Soltis) 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. Soltis, 229 A.D.2d 991, 646 N.Y.S.2d 480, 1996 N.Y. App. Div. LEXIS 9043 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Judgment unanimously reversed on the law, plea vacated and matter remitted to Ontario County Court for further proceedings on indictment. Memorandum: Pursuant to a plea agreement, defendant pleaded guilty to an indictment charging him with driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]) and aggravated unlicensed operation of a motor vehicle in the first degree (V ehicle and Traffic Law § 511 [3]). He was sentenced to a five-year term of probation, with the first six months to be served in county jail, followed by three months of electronic home monitoring. The Penal Law does not authorize electronic monitoring as a condition of probation (People v McNair, 87 NY2d 772). We therefore vacate the plea and remit the matter for further proceedings on the indictment (see, People v McNair, supra).

In view of our resolution, we do not address defendant’s remaining contention. (Appeal from Judgment of Ontario County Court, Henry, Jr., J.—Felony Driving While Intoxicated.) Present—Green, J. P., Lawton, Wesley, Callahan and Boehm, JJ.

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

—Judgment unanimously reversed on the law, plea vacated and matter remitted to Ontario County Court for further proceedings on indictment. Memorandum: Pursuant to a plea agreement, defendant pleaded guilty to an indictment charging him with driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]) and aggravated unlicensed operation of a motor vehicle in the first degree (V ehicle and Traffic Law § 511 [3]). He was sentenced to a five-year term of probation, with the first six months to be served in county jail, followed by three months of electronic home monitoring. The Penal Law does not authorize electronic monitoring as a condition of probation (People v McNair, 87 NY2d 772). We therefore vacate the plea and remit the matter for further proceedings on the indictment (see, People v McNair, supra).

In view of our resolution, we do not address defendant’s remaining contention. (Appeal from Judgment of Ontario County Court, Henry, Jr., J.—Felony Driving While Intoxicated.) Present—Green, J. P., Lawton, Wesley, Callahan and Boehm, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

229 A.D.2d 991, 646 N.Y.S.2d 480, 1996 N.Y. App. Div. LEXIS 9043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soltis-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack