People v Gledhill

People v Gledhill 2012 NY Slip Op 00535 Decided on January 24, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 24, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
2011-02393
(Ind. No. 3357/08)

[*1]The People of the State of New York, respondent,

v

Amanda Gledhill, appellant.




Arza R. Feldman, Uniondale, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie
Jane Lamm of counsel), for
respondent.


DECISION & ORDER

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; People v Thompson, 65 AD3d 1390; People v Grzywaczewski, 61 AD3d 699, 700; People v Ruffino, 52 AD3d 624, 625; People v Ramirez, 29 AD3d 1022) and, in any event, is without merit (see People v Kuey, 83 NY2d 278, 282-283; People v Mannina, 89 AD3d 1038; People v Ruff, 50 AD3d 1167, 1168).

The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

The defendant's remaining contention is without merit.
RIVERA, J.P., ROMAN, SGROI and COHEN, JJ., concur.

ENTER: [*2]

Aprilanne Agostino

Clerk of the Court