Opinion
No. KA 05-02653.
March 14, 2008.
Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered November 23, 2005. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.
SCHLATHER, GELDENHUYS, STUMBAR SALK, ITHACA (DAVID M. PARKS OF COUNSEL), FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JEFFREY L. TAYLOR OF COUNSEL), FOR RESPONDENT.
Present: Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.
It is hereby ordered that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed ( see People v Haywood, 203 AD2d 966, lv denied 83 NY2d 967) and the judgment is affirmed.
Same memorandum as in People v Kuras ( 49 AD3d 1196).