People v. McQuality

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered November 3, 2010, which revoked defendant’s probation and imposed a sentence of imprisonment.

Defendant was convicted of criminal possession of a weapon in the fourth degree and sentenced to three years of probation. As a condition of his probation, he was required “to abstain from the purchase, use or possession of alcoholic beverages, marihuana, controlled substances or illegal drug[s].” Soon thereafter, defendant provided his probation officer with a urine sample that tested positive for marihuana, and he…