Opinion
December 27, 2000.
Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Violation of Probation.
PRESENT: PIGOTT, JR., P. J., HURLBUTT, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant contends that Supreme Court failed to exercise its discretion in resentencing him following a violation of probation. Although defendant's waiver of the right to appeal does not encompass defendant's resentencing following a violation of probation ( see, People v Rodriguez, 259 A.D.2d 1040), we conclude that the court did not fail to exercise its discretion in resentencing defendant ( see, People v Wright, 239 A.D.2d 945; cf., People v. Nicholson, 237 A.D.2d 973, lv denied 90 N.Y.2d 908). Furthermore, the sentence is neither unduly harsh nor severe.