People v. Garey

Appeal from a judgment of the County Court of Clinton County (Lewis, J.), rendered April 3, 1996, which revoked defendant’s probation and imposed a sentence of imprisonment.

On July 31, 1995, defendant was sentenced to five years’ probation following his guilty plea to the crime of assault in the second degree stemming from injuries he inflicted upon the victim with a beer bottle. The terms and conditions of defendant’s probation provided that he, inter alia, refrain from the *845use of alcohol, attend an alcohol treatment program, pay restitution and obey local, State and Federal laws. Defendant…