In People v Potter , after pleading guilty to driving while intoxicated, Colin Potter was released on probation "pending sentencing." Within days of his release, Potter violated his probation by drinking alcohol. He was sentenced to one year of "interim probation" and was required to participate in a treatment program -- from which he was discharged -- and to refrain from use of drugs or alcohol. However, Potter violated probation when he tested positive for marijuana and had a blood-alcohol level of 0.21%.
When the St. Lawrence County Court sentenced Potter to 1 to 3 years in prison, he appealed to the Appellate Division, Third Department, which wasn't offended by the sentence.
In the AD3's eyes, Potter's history of substance abuse and probation violations didn't warrant a sentence reduction. And even if the lower court had misinterpreted the reason for Collins' discharge from the rehab program, that also wasn't an "extraordinary circumstance" which merited a reduction, particularly in view of "negative reports of his performance in the program."
A potted Potter. Go figure.
To download a copy of the Appellate Division's decision, please use this link: People v Potter