People v. Marinaccio

*755Following his 1996 arrest, inter alia, for driving while intoxicated (hereinafter DWI), the defendant remained in custody for 294 days pending trial. Upon his resulting 1997 felony DWI conviction, pursuant to his plea of guilty, the defendant was sentenced to “time served” (see Penal Law § 70.30 [3]), concurrent with five years’ probation.

After the defendant was twice arrested in 2000 on charges, inter alia, of operating a motor vehicle while under the influence of alcohol or drugs, he entered into a plea agreement pursuant to which he received concurrent sentences of IV2 to 4V2 years’…