After Stanley Hunter pled guilty to burglary in the third degree, he was sentenced to 6 months of jail time and 5 years of probation.
While on probation, Hunter was subject to a 6 PM curfew -- unless he was at work, school, counseling, or church.
Because an officer spotted Hunter on a public road (in the early morning) in a "highly intoxicated" state, the Sullivan County Court found Hunter in violation of his probation and re-sentenced him to 2 to 7 years in prison.
On appeal, the Appellate Division, Third Department, thought that outcome was supported by the evidence and that, (in light of the early hour), the County Court rightfully concluded none of the delineated curfew exceptions applied.
The resentencing also wasn't seen as "harsh or excessive" given the seriousness of the "underlying crime," his criminal record, and Hunter's failure to abide by his probation's terms.
Obviously, the AD3 kept tabs on that Hunter.
To view a copy of the Appellate Division's decision, please use this link: People v. Hunter