[Download] "People v. Wagner" by Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts * eBook PDF Kindle ePub Free

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eBook details

• Title: People v. Wagner
• Author : Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts
• Release Date : January 30, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

A court has broad discretion to impose conditions of probation deemed "reasonably necessary to insure that the defendant will lead a law-abiding life or to assist [the probationer] to do so" (Penal Law § 65.10 [1]) and to "ameliorate the conduct which gave rise to the offense" (Penal Law § 65.10 [5]; People v Swenson, 12 AD3d 948 [2004]). The conditions that defendant refrain from alcohol consumption, avoid premises or the portions of premises whose "primary purpose" is the sale of alcoholic beverages, and to consent to the warrantless search of his person and premises, and the seizure of alcoholic beverages by probation officers and their agents, are appropriately "tailored in relation to the offense, and were reasonably related to defendants rehabilitation" (People v Hale, 93 NY2d 454, 462 [1999]). Defendants multiple arrests for driving while intoxicated-related offenses in a relatively short period of time, on the last occasion with a high blood alcohol content and following completion of a program geared to prevention of driving while under the influence of alcohol, rendered reasonable the above-noted restrictions (id.; see People v Schunk, 269 AD2d 857 [2000]; People v Berkley, 152 AD2d 788, 789 [1989]; People v Brown, 114 AD2d 1035, 1036 [1985]; cf. People v Brattole, 170 Misc 2d 1037, 1038 [App Term, 9th & 10th Jud Dists 1996]).

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