People v Schmidt
2007 NY Slip Op 05900 [42 AD3d 946]
July 6, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 12, 2007


The People of the State of New York, Respondent, v John J. Schmidt, Appellant.

—[*1] Gary A. Horton, Public Defender, Batavia (Bridget L. Field of counsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered February 8, 2006. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Present—Gorski, J.P., Martoche, Lunn, Peradotto and Pine, JJ.