Opinion
December 10, 1992
Appeal from the County Court of Chemung County (Castellino, J.).
Upon his conviction of the crime of attempted robbery in the second degree, defendant was sentenced to five years' probation. Defendant contends on this appeal that the sentence of 1 1/2 to 4 1/2 years' imprisonment that he received for violating his probation was harsh and excessive. Given defendant's admitted failure to comply with the terms of his probation, including his failure to participate in a substance abuse treatment program, we find no reason to disturb the sentence imposed by County Court (see, People v Moore, 168 A.D.2d 739).
Weiss, P.J., Mercure, Crew III, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.