Opinion
15095, 107383/11, 591016/11, 590917/12, 590123/13
06-19-2015
The PEOPLE of the State of New York, Respondent, v. Bryan WASHINGTON, Defendant–Appellant.
Linda M. Campbell, Syracuse, for Defendant–Appellant. William J. Fitzpatrick, District Attorney, Syracuse (Victoria White of Counsel), for Respondent.
Linda M. Campbell, Syracuse, for Defendant–Appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Victoria White of Counsel), for Respondent.
Opinion
MEMORANDUM:Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of two counts of grand larceny in the fourth degree (Penal Law § 155.30[1] ) and sentencing him to concurrent indeterminate terms of incarceration. We affirm. Defendant failed to preserve for our review his contention that County Court improperly found, based solely on hearsay evidence, that he violated the conditions of his probation by leaving the county without the permission of his probation officer or the court (see People v. Serach, 247 A.D.2d 885, 885, 668 N.Y.S.2d 525, lv. denied 92 N.Y.2d 860, 677 N.Y.S.2d 91, 699 N.E.2d 451 ; People v. Angel E., 233 A.D.2d 938, 938, 649 N.Y.S.2d 878, lv. denied 89 N.Y.2d 939, 655 N.Y.S.2d 890, 678 N.E.2d 503 ). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ). Defendant's contention that the evidence failed to establish that he violated the conditions of his probation by failing to appear for a court date is likewise unpreserved for our review (see People v. Fusco, 91 A.D.3d 985, 986, 935 N.Y.S.2d 735 ; People v. Alvarez, 26 A.D.3d 442, 442–443, 810 N.Y.S.2d 490, lv. denied 6 N.Y.3d 892, 817 N.Y.S.2d 627, 850 N.E.2d 674 ). In any event, we note that defendant does not challenge on appeal the court's finding that his failure to report to his probation officer constituted a violation of his probation (see generally People v. Walts, 34 A.D.3d 1043, 1043, 824 N.Y.S.2d 479, lv. denied 8 N.Y.3d 850, 830 N.Y.S.2d 709, 862 N.E.2d 801 ). Finally, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., CARNI, LINDLEY, and DeJOSEPH, JJ., concur.