Appellate Division of the Supreme Court of the State of New York November 15, 2012 (People v. Brand)

— Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered May 27, 2011, which revoked defendant’s probation and imposed a sentence of imprisonment.

Following defendant’s plea of guilty to the crime of driving while intoxicated, he was sentenced to five years of probation. Thereafter, a petition alleging a violation of probation was filed against defendant.