| People v Lawlor |
| 2008 NY Slip Op 02353 [49 AD3d 1270] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Dennis H.Lawlor, 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.), renderedNovember 4, 2005. The judgment revoked defendant's sentence of probation and imposed asentence of imprisonment.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence of probationimposed upon his conviction of driving while intoxicated as a felony (Vehicle and Traffic Law§ 1192 [3]; § 1193 [1] [c] [former (i)]) and sentencing him to an indeterminate termof incarceration. Defendant's contentions with respect to the plea proceeding underlying theoriginal judgment are not properly before us (see People v Van Every, 26 AD3d 777 [2006]; see also People v Hall, 5 AD3d1011 [2004]). The sentence imposed upon the violation of probation is not unduly harsh orsevere. Present—Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.