People v. Cherry

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered October 16, 1998, which revoked defendant’s probation and imposed a sentence of imprisonment.

In February 1997, defendant was placed on five years’ probation following his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree. Thereafter, on January 15, 1998, a violation of probation petition was filed charging defendant with violating certain of the terms of his probation by, inter alia, testing positive for cocaine use and failing to comply with mandated substance abuse…