People v. McNair

OPINION OF THE COURT

Cipaeick, J.

In People v Letterlough (86 NY2d 259), this Court announced a set of guiding principles to determine whether conditions of probation are authorized by the probation statute’s catch-all provision (see, Penal Law § 65.10 [2] [l]). Based on these interpretive guidelines, we now invalidate the extra-statutory probationary condition of electronic monitoring at issue in this case.

On October 27, 1993, defendant was arrested for felony counts of driving while intoxicated and aggravated unlicensed *774operation of a motor vehicle in the first degree. Pursuant to a plea…