
    The People of the State of New York, Respondent, v Robert Misita, Appellant.
    (Appeal No. 2.)
    [807 NYS2d 918]
   Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered June 24, 2004. The judgment revoked defendant’s probation and imposed a sentence of incarceration.

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

Same memorandum as in People v Misita (26 AD3d 815 [2006]). Present—Pigott, Jr., P.J., Gorski, Smith, Green and Hayes, JJ.  