People v Ginty
2022 NY Slip Op 02900 [204 AD3d 1491]
April 29, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 1, 2022


[*1]
 The People of the State of New York, Respondent,
v
Isaiah Ginty, Appellant. (Appeal No. 2.)

Frank H. Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Jessica N. Carbone of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Matthew J. Doran, J.), rendered October 18, 2019. 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 affirmed.

Same memorandum as in People v Ginty ([appeal No. 1] 204 AD3d 1487 [4th Dept 2022]).

All concur except Whalen, P.J., who dissents and votes to reverse in accordance with the same memorandum as in People v Ginty ([appeal No. 1] 204 AD3d 1487 [4th Dept 2022]). Present—Whalen, P.J., Smith, Centra and Peradotto, JJ.