Opinion
February 16, 2000
Appeal from Judgment of Wayne County Court, Kehoe, J. — Violation of Probation.
PRESENT: WISNER, J. P., PIGOTT, JR., HURLBUTT AND BALIO, JJ.
Judgment unanimously affirmed.
Memorandum:
The finding that defendant violated his probation is supported by legally sufficient evidence, i.e., the testimony of defendant's wife. Defendant's testimony to the contrary created an issue of credibility for County Court to resolve ( see, People v. Carter, 43 A.D.2d 655). The sentence is neither unduly harsh nor severe.