People v. Walker

Appeal from a judgment of the County Court of Franklin County (Richards, J,), rendered May 8, 2006, which revoked defendant’s probation and imposed a sentence of imprisonment.

On April 25, 2005, having pleaded guilty to a fifth conviction for driving while intoxicated, defendant was sentenced to five years of probation which required that, among other things, he abstain from the use or purchase of alcohol or illegal drugs and that he successfully undergo a substance abuse evaluation.* Defendant thereafter admittedly failed to comply with these terms by testing positive for marihuana and…