People v. Fontanez

Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered August 18, 2003. The judgment revoked defendant’s probation and imposed a sentence of imprisonment.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment revoking his probation and sentencing him to an indeterminate term of incarceration of 1 to 3 years based upon his underlying conviction of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09). By failing to move to withdraw his…