| People v Avery |
| 2006 NY Slip Op 02041 [27 AD3d 1202] |
| Decided on March 17, 2006 |
| 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 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., SCUDDER, KEHOE, SMITH, AND PINE, JJ.
310 KA 04-02821
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, ORDER
v
THOMAS AVERY, DEFENDANT-APPELLANT.
Appeal from a judgment of the Steuben County Court (Marianne Furfure, J.), rendered October 12, 2004. The judgment revoked defendant's probation and imposed a sentence of imprisonment.
STEPHEN BIRD, ROCHESTER, FOR DEFENDANT-APPELLANT.
JOHN C. TUNNEY, DISTRICT ATTORNEY, BATH (SARAH ANNE CHAPMAN 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 17, 2006
JoAnn M. Wahl
Clerk of the Court