Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered September 19, 2012. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.
Kathleen E. Casey, Barker, for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
MEMORANDUM:

Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of attempted assault in the second degree (Penal Law §§ 110.00, 120.05[2] ) and sentencing him to an indeterminateterm of incarceration. Contrary to defendant's contentions, we conclude that the violation of probation petition was not based on pretext and that the People established by the requisite preponderance of the evidence that defendant violated the terms and conditions of his probation ( seeCPL 410.70 [3]; People v. Ortiz, 94 A.D.3d 1436, 1436, 942 N.Y.S.2d 838,lv. denied19 N.Y.3d 999, 951 N.Y.S.2d 475, 975 N.E.2d 921).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SMITH, J.P., FAHEY, LINDLEY, SCONIERS, and VALENTINO, JJ., concur.