| People v Gantt |
| 2008 NY Slip Op 01776 [48 AD3d 829] |
| February 26, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jamaal Gantt, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), forrespondent.
Appeal by the defendant from an amended judgment of the County Court, Orange County(Freehill, J.), rendered February 15, 2007, revoking a sentence of probation previously imposedby the same court, upon a finding that he had violated conditions thereof, after a hearing, andimposing a sentence of imprisonment upon his previous conviction of criminal sale of acontrolled substance in the fifth degree.
Ordered that the amended judgment is affirmed.
The defendant's contention that the County Court failed to comply with the proceduremandated by CPL 410.70 (1) before resentencing him on a violation of probation is unpreservedfor appellate review (see People v Brandon, 35 AD3d 876 [2006]; People v Maglione,18 AD3d 670 [2005]; People v Henry, 180 AD2d 749 [1992]). In any event, theCounty Court properly revoked probation and imposed a sentence of imprisonment upon afinding that the defendant had violated certain terms and conditions of probation.
The resentence imposed was not excessive (see People v Hobson, 43 AD3d 1179[2007]; People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Fisher, Florio, Angiolillo andDickerson, JJ., concur.