| People v Kaczmarek |
| 2015 NY Slip Op 09474 [134 AD3d 1417] |
| December 23, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Stephen Kaczmarek, Appellant. (Appeal No. 2.) |
Taheri & Todoro, PC, Williamsville (Brian J. Hutchison of counsel), for defendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Daniel J. Punch of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges, J.), rendered December 17, 2014. 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 Supreme Court, Erie County, for proceedings pursuant to CPL 460.50 (5).
Same memorandum as in People v Kaczmarek ([appeal No. 1] 134 AD3d 1416, 2015 NY Slip Op 09473 [2015]). Present—Scudder, P.J., Centra, Lindley, Valentino and Whalen, JJ.