People v Morrison
2008 NY Slip Op 00741 [48 AD3d 1042]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


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

—[*1] Eoannou, Lana & D'Amico, Buffalo (Jeremy D. Schwartz of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (Michael J. Hillery of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered December 6, 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 is unanimously affirmed and the matter is remitted to Erie County Court for proceedings pursuant to CPL 460.50 (5). Present—Hurlbutt, J.P., Martoche, Smith, Lunn and Peradotto, JJ.