People v. Jimerson — 13 A.D.3d 1140

Majority

p. 1140

The People of the State of New York, Respondent, v David B. Jimerson, Appellant.

(Appeal No. 1.)

[786 NYS2d 754]

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J), rendered January 14, 2002. The court revoked defendant’s probation and sentenced defendant to a term of incarceration.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Same memorandum as in People v Jimerson (13 AD3d 1140 [2004]). Present—Pigott, Jr., P.J., Green, Hurlbutt, Martoche and Hayes, JJ.