Opinion
2005-193 PCR.
Decided January 30, 2006.
Appeal from amended judgments of the Justice Court of the Town of Carmel, Putnam County (James F. Reitz, J.), rendered February 1, 2005. The amended judgments revoked a sentence of probation previously imposed, upon a finding defendant violated a condition thereof, and imposed a sentence of six months' incarceration upon her previous conviction of criminal contempt in the second degree and six months' incarceration upon her previous conviction of aggravated harassment in the second degree, said sentences to run consecutively.
Amended judgments of conviction unanimously affirmed.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
After reviewing the record and the issues raised on appeal, we find that defendant was afforded all the procedural safeguards required and that her violation of probation was established by a preponderance of the evidence ( see CPL 410.10, 410.30, 410.70; see also Black v. Romano, 471 US 606; Gagnon v. Scarpelli, 411 US 778). In addition, we note that under the circumstances presented, the sentences imposed were not excessive.