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People v. Grady

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 24, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CAMERON GRADY, DEFENDANT-APPELLANT.

Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered June 11, 2007. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: HURLBUTT, J.P., CENTRA, PERADOTTO, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum

Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of, inter alia, driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and sentencing him to an indeterminate term of imprisonment. "County Court's determination resolving witness credibility must be accorded great weight' " (People v Cruz, 35 AD3d 898, 899, lv denied 8 NY3d 845), and we conclude that the People established by a preponderance of the evidence that defendant violated the conditions of his probation (see People v Bergman, 56 AD3d 1225).

20090424

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