People v Gledhill |
2012 NY Slip Op 00535 [91 AD3d 886] |
January 24, 2012 |
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 Amanda Gledhill, Appellant. |
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Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Kahn, J.), rendered February 10, 2011, revoking a sentence of probation previously imposed by the same court upon a finding that she violated a condition thereof, upon her admission, and imposing a sentence of imprisonment upon her previous conviction of rape in the second degree, upon her plea of guilty.
Ordered that the amended judgment is affirmed.
The defendant's contention that the County Court improperly sentenced her without obtaining an updated presentence report is unpreserved for appellate review (see CPL 470.05 [2]; People v Mannina, 89 AD3d 1038 [2011]; People v Thompson, 65 AD3d 1390 [2009]; People v Grzywaczewski, 61 AD3d 699, 700 [2009]; People v Ruffino, 52 AD3d 624, 625 [2008]; People v Ramirez, 29 AD3d 1022 [2006]) and, in any event, is without merit (see People v Kuey, 83 NY2d 278, 282-283 [1994]; People v Mannina, 89 AD3d 1038 [2011]; People v Ruff, 50 AD3d 1167, 1168 [2008]).
The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contention is without merit. Rivera, J.P., Roman, Sgroi and Cohen, JJ., concur.