People v Wheeler |
2008 NY Slip Op 05393 [52 AD3d 948] |
June 12, 2008 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Matthew E. Wheeler, Appellant. |
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John M. Muehl, District Attorney, Cooperstown (John F. Lambert of counsel), for respondent.
Appeal from a judgment of the County Court of Otsego County (Coccoma, J.), rendered June 26, 2006, which revoked defendant's probation and imposed a sentence of imprisonment.
While serving a five-year term of probation for his conviction of driving while intoxicated,
defendant—following an evidentiary hearing—was found guilty of violating the conditions
of his probation by getting arrested for driving while intoxicated. Consequently, County Court revoked
defendant's probation and resentenced him to 1
Spain, J.P., Carpinello, Rose, Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed.