Opinion
KA 01-00785
November 15, 2002.
Appeal from a judgment of Steuben County Court (Latham, J.), entered February 22, 2001, which revoked defendant's probation and imposed a sentence of imprisonment.
SALVATORE C. ADAMO, BUFFALO, FOR DEFENDANT-APPELLANT.
JOHN C. TUNNEY, DISTRICT ATTORNEY, BATH (BONITA J. STUBBLEFIELD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., HAYES, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment revoking his probation and sentencing him to an indeterminate term of imprisonment of 1 to 3 years. Contrary to the contention of defendant, the determination of County Court that he violated the terms of his probation is not against the weight of the evidence ( see People v. Mallory, 191 A.D.2d 970, lv denied 81 N.Y.2d 1016; see generally People v. Bleakley, 69 N.Y.2d 490, 495).