Legal Opinion

People v. Brainard

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

Decided November 27, 2013Published

1Opinion of the CourtMcCarthy, J.

Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered May 18, 2012, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

In satisfaction of several charges, defendant pleaded guilty to one count of driving while intoxicated, a class E felony (see Vehicle and Traffic Law § 1192 [2]).1 County Court sentenced him to a one-year term of interim probation, which included a condition that defendant complete an alcohol dependence treatment program. He failed to meet that condition, resulting in a violation of his interim…

2Cases cited5 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Missouri v. HunterSupreme Court of the United States · 1983
  3. People v. WilliamsNew York Court of Appeals · 2010
  4. People v. GonzalezNew York Court of Appeals · 2002
  5. People v. TherrienAppellate Division of the Supreme Court of the State of New York · 2010

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