People v. Garner

Appeal from a judgment of the County Court of Otsego County (Coccoma, J.), rendered January 31, 2005, which revoked defendant’s probation and imposed a sentence of imprisonment.

In January 2003, defendant pleaded guilty to felony driving while intoxicated and was sentenced to five years of probation, during which time he was to participate in the Otsego County Drug Court program. In January 2004 and February 2004, he was charged with violating certain conditions of his probation by using nonprescription drugs and alcohol on more than one occasion. Defendant admitted to violating his probation…