People v. Smalley

—Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered September 1, 1998, which revoked defendant’s probation and imposed a sentence of imprisonment.

In August 1993, defendant was sentenced to, inter alla, five years’ probation upon his plea of guilty to the crimes of driving while intoxicated and aggravated unlicensed operation of a mo*610tor vehicle in the first degree. Thereafter, in August 1997, a violation of probation petition was filed charging defendant with violating certain terms of his probation by failing to report his February 1996 arrest on new charges…