12 A.D.3d 1071 784 N.Y.S.2d 444

The People of the State of New York, Respondent, v Frank L., Appellant.

[784 NYS2d 444]

*1072Appeal from an adjudication of the Supreme Court, Erie County (Joseph S. Forma, J.), rendered July 10, 2002, which revoked defendant’s probation and imposed a sentence of imprisonment.

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

Memorandum: Supreme Court was authorized to impose a sentence of imprisonment and probation following the revocation of the original sentence of probation (see Penal Law § 60.01 [4]; People v Krawcyk, 130 Misc 2d 253, 254 [1985]). Contrary to the contention of defendant, the imposition of a sentence of imprisonment upon the second revocation of probation did not place him in double jeopardy (see generally People v Tucker, 272 AD2d 992 [2000], lv denied 95 NY2d 872 [2000]; People v Johnson, 159 AD2d 725, 726 [1990]). Present—Pigott, Jr., PJ., Green, Pine, Hurlbutt and Scudder, JJ.

People v. Frank L.
12 A.D.3d 1071 784 N.Y.S.2d 444

Case Details

Name
People v. Frank L.
Decision Date
Nov 19, 2004
Citations

12 A.D.3d 1071

784 N.Y.S.2d 444

Jurisdiction
New York

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