| People v Etheridge |
| 2007 NY Slip Op 10173 [46 AD3d 835] |
| December 18, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v BruceJ. Etheridge, Jr., Also Known as Bruce Etheridge, Appellant. |
—[*1] David L. Darwin, County Attorney, Goshen, N.Y. (Matthew J. Nothnagle of counsel), forrespondent.
Appeal by the defendant from an amended judgment of the County Court, Orange County(Riley, J.), rendered August 11, 2006, revoking a sentence of probation previously imposed bythe same court (Rosenwasser, J.) upon a finding, after a hearing, that he violated a conditionthereof, and imposing a term of imprisonment upon his previous conviction of rape in the thirddegree.
Ordered that the amended judgment is affirmed.
The defendant's contention that the court's determination revoking his probation was notsupported by sufficient evidence is without merit. Viewing the evidence in the light mostfavorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that thetestimony adduced at the hearing supports, by a preponderance of the evidence, the court'sdetermination that the defendant committed the acts with which he was charged (see CPL410.70 [3]; People v Rennie, 190 AD2d 830 [1993]).
The defendant's remaining claims were waived by his written acceptance of the terms of hisprobation (see People v Hale, 93 NY2d 454, 463 [1999]), and by his waiver of the rightto appeal from his conviction of rape in the third degree (see People v Callahan, 80 NY2d273, 281 [1992]; People [*2]v Kimbrough, 25 AD3d 810, 810-811 [2006]; People vGorovoy, 309 AD2d 764 [2003]; but see People v Venable, 16 AD3d 771 [2005]), the validity ofwhich he does not challenge on this appeal. Miller, J.P., Crane, Dillon and Balkin, JJ., concur.