THE PEOPLE &C. EX REL. DANTE E. PAGANINI, APPELLANT, v. JOSEPH P. JABLONSKY,
&C., RESPONDENT.
79 N.Y.2d 586, 594 N.E.2d 909, 584 N.Y.S.2d 415 (1992).
June 4, 1992
2 No. 105
Decided June 4, 1992
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Elaine Jackson Stack, for Appellant.
Douglas Noll, for Respondent.
. BELLACOSA, J.:
Petitioner-appellant Paganini was convicted, upon his guilty plea, of
aggravated unlicensed operation of a motor vehicle in the second
degree under Vehicle and Traffic Law (VTL) § 511(2)(a)(ii). He
thereafter sought to terminate his jail sentence for that offense
based on his completion of an alcohol rehabilitation program (see, VTL
§ 1196(4)). We conclude that he is not eligible to reap the benefit of
participation in such a program in relation to his VTL § 511
conviction and sentence. Thus, the Appellate Division order which, in
dismissing the proceeding, reversed the Supreme Court judgment that
sustained the writ of habeas corpus should be affirmed.
In 1987, appellant was arrested and charged with driving while his
ability was impaired (VTL § 1192(1)). He refused to submit to a
chemical test and his driver's license was revoked after his
conviction (VTL § 1194(2)(c)). In 1988, Pagan- ini was again arrested
and this time he was charged with driving while intoxicated (VTL
1192(3)) and aggravated unlicensed operation of a motor vehicle in the
first degree (VTL § 511(3)). He pled guilty to the VTL § 1192(3)
charge and to the reduced charge of aggravated unlicensed operation in
the second degree under VTL § 511(2)(a)(ii). He was sentenced to jail
for one year for the VTL § 1192 offense and 180 days for the VTL § 511
offense.
During the pendency of his unsuccessful direct appeal to the Appellate
Division from the 1988 conviction, Paganini enrolled in and completed
a VTL § 1196 certified alcohol rehabilitation program. He subsequently
petitioned Supreme Court, Nassau County, for a writ of habeas corpus
alleging that, pursuant to VTL § 1196(4), both of his jail sentences
SNIPPETS:
Elaine Jackson Stack, for Appellant.
Petitioner-appellant Paganini was convicted, upon his guilty plea, of aggravated unlicensed
He thereafter sought to terminate his jail sentence for that offense based on his completion
We conclude that he is not eligible to reap the benefit of participation in such a program in
Thus, the Appellate Division order which, in dismissing the proceeding, reversed the Supreme
He pled guilty to the VTL § 1192charge and to the reduced charge of aggravated unlicensed
The Appellate Division reversed and dismissed the habeas corpus proceeding, concluding that
Vehicle and Traffic Law § 1196 establishes an alcohol and drug rehabilitation program within
The classification, "alcohol or drug-related traffic offenses", is not defined in the statute.
Regulations promulgated by the Commissioner of Motor Vehicles, however, restrict eligibility
Appellant reasons that the elements of his unlicensed driving conviction included his prior
The goal of VTL § 1196 rehabilitation programs is to induce drivers with alcohol or drug
They reflect a rational policy choice not to extend the termina- tion-of-sentence incentive
law enforcement agencies and the judiciary complained that this made coherent implementation
of State Executive Dept., McKinney's 1988 Session Laws, Vol 2, p 1941).
The Legislature responded by substantially reorganizing the VTL to "consolidate all of the
The regulation of the Commissioner of Motor Vehicles, which restricts eligibility to secure
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