People v. Wheeler

Appeal from a judgment of the County Court of Otsego County (Coccoma, J.), rendered June 26, 2006, which revoked defendant’s probation and imposed a sentence of imprisonment.

While serving a five-year term of probation for his conviction of driving while intoxicated, defendant—following an evidentiary hearing—was found guilty of violating the conditions of his probation by getting arrested for driving while intoxicated. Consequently, County Court revoked defendant’s probation and resentenced him to lVs to 4 years in prison. Defendant now appeals, contending that his resentence is harsh and…