People v. McNair

Chief Judge Kaye

(dissenting). Convicted for the third time of the felony of driving while intoxicated (Vehicle and Traffic Law § 1192), defendant — an admitted alcoholic — received a sentence of five years’ probation, the first six months of which were to be served in jail, followed by a one-year period of electronic home monitoring. Because we conclude that the electronic monitoring imposed was well within the sentencing court’s statutory discretion under Penal Law § 65.10, we respectfully dissent.

Penal Law § 65.10 (1) states as a general proposition that conditions of probation "shall be…