Appeal from a judgment and an amended judgment of the City Court of Mount Vernon, Westchester County (William Edwards, J.), both rendered February 24, 2006. The judgment convicted defendant of petit larceny. The amended judgment revoked a sentence of probation previously imposed by the same court, upon a finding that defendant had violated a condition thereof, upon defendant's admission, and resentenced her to a term of imprisonment upon her previous conviction for petit larceny.

Judgment of conviction and amended judgment of conviction affirmed.

Defendant's claim that the court failed to comply with the procedure mandated by CPL 410.70 (2) before resentencing her on a violation of probation is unpreserved
for appellate review (see People v Brandon, 35 AD3d 876 [2007]), and we decline to reach it in the exercise of our interest of justice jurisdiction. Moreover, defendant's contention that the court erred in denying her motions seeking to vacate, pursuant to CPL 440.10, the judgment of conviction for petit larceny rendered under City Court of Mount Vernon docket number 05-3620 is not properly before this court since defendant did not obtain leave to appeal from such orders (CPL 450.15 [1]). Accordingly, the judgment of conviction and the amended judgment of conviction are affirmed.

Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur. [*2]
Decision Date: October 30, 2008