Opinion
October 28, 1991
Appeal from the County Court, Rockland County (Nelson, J.).
Ordered that the amended judgment is affirmed, and the matter is remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (5).
Contrary to the defendant's contention, "the evidence established a violation of probation" (cf., People v DeFrancesco, 136 A.D.2d 561) in that he failed to make scheduled restitution payments. We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Kunzeman, Lawrence and Miller, JJ., concur.