People v. Coon
156 A.D.3d 105
| N.Y. App. Div. | 2017Background
- In 2012 Coon pleaded guilty to felony DWI and in 2013 was sentenced to a definite one‑year jail term followed consecutively by three years of conditional discharge with a mandatory ignition interlock condition.
- The conditional discharge ran consecutively under Penal Law § 60.21, so it commenced after Coon completed the one‑year jail term.
- In 2015 a declaration of delinquency alleged Coon operated a vehicle without the required interlock; Coon admitted the violation.
- In 2016 County Court revoked the conditional discharge and imposed an additional indeterminate prison term of 2 to 6 years (followed by three years conditional discharge) for the underlying DWI. Coon appealed.
- The appellate issue: whether, after a defendant has served a definite irrevocable jail term that ran before a consecutive conditional discharge, the court may impose a subsequent prison sentence upon revocation of that conditional discharge.
Issues
| Issue | People’s Argument | Coon’s Argument | Held |
|---|---|---|---|
| Whether County Court could impose an additional term of imprisonment upon revocation of conditional discharge that ran consecutively to a previously served definite jail term | Courts should be able to impose imprisonment on revocation (deterrence/public safety); CPL 410.70(5) and Penal Law § 60.01(3)(a) authorize imprisonment on revocation | Imprisonment was not authorized here because Coon had already served the definite one‑year sentence; imposing another term would be a second irrevocable sentence exceeding statutory limits | Vacated the 2–6 year sentence; court held imprisonment was not authorized in these circumstances and remitted for further proceedings not inconsistent with opinion |
Key Cases Cited
- People v Brainard, 111 A.D.3d 1162 (App. Div. 2013) (discusses sentencing options and revocation consequences for felony DWI with interlock condition)
- People v Washington, 23 N.Y.3d 228 (Ct. App. 2014) (addresses seriousness of DWI and public‑safety rationale for sentencing)
- People v Zephrin, 14 N.Y.3d 296 (Ct. App. 2010) (distinguishes split sentences where imprisonment may be a condition of probation/conditional discharge)
- People v Barkley, 113 A.D.3d 1002 (App. Div. 2014) (illustrates typical revocation sentencing where conditional discharge was the principal sentence)