People v Grady
2009 NY Slip Op 03317 [61 AD3d 1416]
April 24, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


The People of the State of New York, Respondent, v Cameron Grady, Appellant.

[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Robert P. Rickert of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered June 11, 2007. 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.

Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of, inter alia, driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and sentencing him to an indeterminate term of imprisonment. "County Court's determination resolving witness credibility must be accorded 'great weight' " (People v Cruz, 35 AD3d 898, 899 [2006], lv denied 8 NY3d 845 [2007]), and we conclude that the People established by a preponderance of the evidence that defendant violated the conditions of his probation (see People v Bergman, 56 AD3d 1225 [2008]). Present—Hurlbutt, J.P., Centra, Peradotto, Green and Gorski, JJ.