| People v Mannina |
| 2011 NY Slip Op 08613 [89 AD3d 1038] |
| November 22, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Matthew Mannina, Appellant. |
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Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.
Appeal by the defendant from an amended judgment of the County Court, Orange County (DeRosa, J.), rendered May 14, 2009, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of grand larceny in the fourth degree.
Ordered that the amended judgment is affirmed.
The defendant's contention that the County Court improperly sentenced him upon his violation of a condition of his probation without ordering an updated presentence report is unpreserved for appellate review (see CPL 470.05 [2]; People v Gambichler, 25 AD3d 722, 723 [2006]) and, in any event, without merit (see People v Kuey, 83 NY2d 278, 282 [1994]; cf. People v Pons, 134 AD2d 378, 378-379 [1987]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P., Angiolillo, Belen, Lott and Roman, JJ., concur.