Appellate Division of the Supreme Court of the State of New York September 23, 2002 (People v. Marinaccio)

*755Following his 1996 arrest, inter alia, for driving while intoxicated (hereinafter DWI), the defendant remained in custody for 294 days pending trial. Upon his resulting 1997 felony DWI conviction, pursuant to his plea of guilty, the defendant was sentenced to “time served” (see Penal Law § 70.30 [3]), concurrent with five years’ probation.