Fourth Department - Aggravated vehicular homicide: People v. Thurston

Daily Record Staff//November 10, 2022//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Aggravated vehicular homicide

Conditional discharge – Illegal sentence

People v. Thurston

KA 16-02370

Appealed from Oneida County Court

Background: The defendant was convicted of aggravated vehicular homicide and aggravated assault. He was sentenced to an indeterminate term of imprisonment of five to 15 years with a consecutive three-year term of conditional discharge with the requirement that the defendant install an ignition interlock device on any vehicle operated by him.

Ruling: The Appellate Division modified by vacating the conditional discharge imposed. The court held that the sentence is illegal insofar as the court imposed the conditional discharge on the count of aggravated vehicular homicide.

Kathryn M. Festine for the defendant-appellant; Evan A. Esswein, of the district attorney’s office, for the respondent.