People v Prokopienko
2010 NY Slip Op 03558 [72 AD3d 1529]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


The People of the State of New York, Respondent, v Michael A. Prokopienko, Appellant. (Appeal No. 2.)

—[*1] Frank J. Nebush, Jr., Public Defender, Utica (Ray A. Kyles of counsel), for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Kurt D. Schultz of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Oneida County (Bernadette T. Romano, J.), rendered February 3, 2009. The judgment revoked defendant's sentence of probation and imposed a sentence of incarceration.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Prokopienko (72 AD3d 1528 [2010]). Present—Centra, J.P., Fahey, Carni, Green and Pine, JJ.