People v Jimerson
2004 NY Slip Op 09870 [13 AD3d 1140]
December 30, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 23, 2005


The People of the State of New York, Respondent, v David B. Jimerson, Appellant. (Appeal No. 1.)

[*1]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.