—[*1] David J. Farrugia, Public Defender, Lockport (Mary-Jean Bowman of counsel), for defendant-appellant.

Matthew J. Murphy, III, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered November 4, 2005. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.

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 driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]) and sentencing him to an indeterminate term of incarceration. Defendant's contentions with respect to the plea proceeding underlying the original judgment are not properly before us (see People v Van Every, 26 AD3d 777 [2006]; see also People v Hall, 5 AD3d 1011 [2004]). The sentence imposed upon the violation of probation is not unduly harsh or severe. Present—Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.