| People v Elwen |
| 2004 NY Slip Op 01969 [5 AD3d 1130] |
| Decided on March 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, LAWTON, AND HAYES, JJ.
349 KA 02-01205
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
DAVID ELWEN, DEFENDANT-APPELLANT.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered May 10, 2002. The judgment revoked defendant's probation and imposed a sentence of imprisonment.
R. JOSEPH FOLTZ, LOCKPORT, FOR DEFENDANT-APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE BOGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court