Opinion
April 21, 1992
Appeal from the Supreme Court, New York County, Norman Ryp, J., Brenda Soloff, J.
The trial court properly concluded that it had jurisdiction to impose a prison sentence. Under Penal Law § 65.00 (2), a court must act to adjudicate a violation of probation prior to the expiration or termination of the probation period. Here, the relevant resentence of five years' probation commenced on December 18, 1987. The trial court's October 1990 adjudication of the probation violation was therefore within the period of the sentence of probation (see, People v Rodriguez, 156 A.D.2d 491). The original five-year sentence of probation imposed on January 12, 1984 was set aside under CPL 440.20 (1) as unauthorized and illegal as it consisted of a "split" sentence of one year of weekend imprisonment and a consecutive five-year probation period. In any event, there was little or no compliance with the original sentence.
Under the circumstances of this case, the trial court's imposition of a prison term of 1-1/3 to 4 years did not constitute an abuse of discretion (see, People v Junco, 43 A.D.2d 266, 268, affd 35 N.Y.2d 419, cert denied 421 U.S. 951).
Concur — Carro, J.P., Rosenberger, Kupferman, Kassal and Smith, JJ.