Opinion
No. KA 07-01593.
April 24, 2009.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered June 11, 2007. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (ROBERT P. RICKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA M. WHITE OF COUNSEL), FOR RESPONDENT.
Present: Hurlbutt, J.P., Centra, Peradotto, Green and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of, inter alia, driving while intoxicated (Vehicle and Traffic Law § 1192) and sentencing him to an indeterminate term of imprisonment. "County Court's determination resolving witness credibility must be accorded `great weight'" ( People v Cruz, 35 AD3d 898, 899, lv denied 8 NY3d 845), and we conclude that the People established by a preponderance of the evidence that defendant violated the conditions of his probation ( see People v Bergman, 56 AD3d 1225).