Opinion
KA 01-00075
February 1, 2002.
Appeal from a judgment of Ontario County Court (Doran, J.), entered September 1, 2000, convicting defendant upon her plea of guilty of a violation of probation.
SCOTT P. FALVEY, CANANDAIGUA, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (BRIAN D. DENNIS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., HAYES, HURLBUTT, KEHOE, AND BURNS, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant pleaded guilty to a violation of probation and was sentenced to an indeterminate term of incarceration of 1 to 3 years. Contrary to defendant's contention, an updated presentence report was not required where, as here, the record establishes that County Court was "fully familiar with any changes in defendant's status, conduct or condition which may have occurred * * * since the previous sentence of probation was imposed" ( People v. Tyrrell, 101 A.D.2d 946, 947; see, People v. Howard, 254 A.D.2d 701, lv denied 93 N.Y.2d 853; People v. Skinner, 222 A.D.2d 1108, lv denied 88 N.Y.2d 885).