| People v Hamdy |
| 2007 NY Slip Op 10243 [46 AD3d 1383] |
| December 21, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Sharif Y.Hamdy, Appellant. |
—[*1] Matthew J. Murphy, III, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), renderedJanuary 27, 2006. The judgment revoked defendant's sentence of probation and imposed asentence of imprisonment.
It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed.
Memorandum: Defendant was convicted upon his plea of guilty of driving while intoxicatedas a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [i]), and he nowappeals from a judgment revoking the sentence of probation imposed upon that conviction andsentencing him to a term of imprisonment. Defendant failed to preserve for our review hischallenge to the validity of his admission that he violated conditions of his probation inasmuch ashe failed to move to withdraw his admission or to vacate the judgment revoking his sentence ofprobation (see People v Barra, 45AD3d 1393 [2007]). In any event, defendant's contention lacks merit because the recordestablishes that defendant was "afforded the requisite opportunity to be heard concerning thecharged violation[s] of probation, i.e., 'an opportunity to attack or deny the charge[s]' " (People v Matos, 28 AD3d 1120,1122 [2006], quoting People v Oskroba, 305 NY 113, 117 [1953], rearg denied305 NY 696 [1953]). Further, the record establishes that defendant also admitted to asubsequent arrest, which is by itself a sufficient basis for finding a violation of probation (seeid.). Finally, the sentence is not unduly harsh or severe. Present—Martoche, J.P.,Smith, Centra, Peradotto and Green, JJ.