People v Mannina

People v Mannina 2011 NY Slip Op 08613 Decided on November 22, 2011 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 November 22, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
2009-05089
(Ind. No. 07-01015)

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

v

Matthew Mannina, appellant.




Steven A. Feldman, Uniondale, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert
H. Middlemiss of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from an amended judgment of the County Court, Orange County (DeRosa, J.), rendered May 14, 2009, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of grand larceny in the fourth degree.

ORDERED that the amended judgment is affirmed.

The defendant's contention that the County Court improperly sentenced him upon his violation of a condition of his probation without ordering an updated presentence report is unpreserved for appellate review (see CPL 470.05[2]; People v Gambichler, 25 AD3d 722, 723) and, in any event, without merit (see People v Kuey, 83 NY2d 278, 282; cf. People v Pons, 134 AD2d 378, 378-379).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
SKELOS, J.P., ANGIOLILLO, BELEN, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court