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PEOPLE v. HAKES

No. 139.

32 N.Y.3d 624 (2018)

118 N.E.3d 883

94 N.Y.S.3d 221

2018 NY Slip Op 08538

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BRIAN HAKES, Respondent.

Court of Appeals of New York.

Decided December 13, 2018.

Attorney(s) appearing for the Case

James R. Farrell, District Attorney, Monticello (Meagan K. Galligan of counsel), for appellant.

The Sage Law Firm Group PLLC, Buffalo (Kathryn Friedman of counsel), for respondent.

New York State Defenders Association, Albany (Alfred O'Connor of counsel), for New York State Defenders Association, amicus curiae.

New York Civil Liberties Union Foundation, New York City (Philip Desgranges, Christopher Dunn and Arthur Eisenberg, of counsel), for New York Civil Liberties Union, amicus curiae.

OPINION OF THE COURT

The principal question presented in this case is whether, as a condition of probation, sentencing courts can require defendants to wear and pay for a secure continuous remote alcohol monitoring (SCRAM) bracelet that measures their alcohol intake. We hold that...

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