People v. Wingenter

—Crew III, J.

Appeal from a judgment of the County Court of Tompkins County (Sherman, J.), rendered August 4, 1998, which revoked defendant’s probation and imposed a term of imprisonment.

*717In December 1996, defendant was convicted upon his plea of guilty of the crime of criminal mischief in the third degree arising out of a confrontation with his girlfriend in the course of which he assaulted her and damaged her car and apartment. Defendant was sentenced to a term of five years’ probation and payment of restitution. In April 1998, a violation of probation report was filed against defendant,…