People v. Novack

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered December 19, 1994, which revoked defendant’s probation and imposed a sentence of imprisonment.

In January 1993, defendant was convicted upon his plea of guilty of two counts of the crime of operating a motor vehicle while under the influence of alcohol and was sentenced to a term of five years’ probation. Defendant was subsequently found to have violated the terms of his probation by failing to refrain from the use of alcoholic beverages and failing to report daily to his probation officer. As a result,…