Opinion
February 18, 1992
Appeal from the County Court, Suffolk County (Hurley, J.).
Ordered that the amended sentence is modified, on the law, by vacating the fine imposed upon the defendant's conviction of aggravated unlicensed operation of a motor vehicle in the second degree; as so modified, the amended sentence is affirmed.
The record establishes that the defendant, in the presence of competent counsel, made a knowing and voluntary admission that he had violated the conditions of his original sentence (see, People v. Harris, 61 N.Y.2d 9). His claim that the court did not give him an adequate opportunity to be heard in connection with the alleged violation is unpreserved for appellate review (see, People v. Mackey, 77 N.Y.2d 846; People v. Pellegrino, 60 N.Y.2d 636). In any event, the record demonstrates that the defendant was given an opportunity to be heard in accordance with the statutory provision governing such hearings (CPL 410.70). However, the imposition of two separate fines was contrary to the provisions of Penal Law § 80.15 applicable at the time of sentencing (see, L 1965, ch 1030), and must be reviewed on appeal even though the defendant did not raise this claim in the court of first instance (see, People v. Hall, 176 A.D.2d 960). Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.