People v. Brown

Appeal from a judgment of Supreme Court, Erie County (Tills, J.), entered February 20, 2002, which 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, and the matter is remitted to Supreme Court, Erie County, for proceedings pursuant to CPL 460.50 (5).

Memorandum: On appeal from a judgment resentencing him upon a probation violation, defendant contends that the original sentence of probation violates Penal Law § 60.01 (2) (d). That contention is not properly before us…