Opinion
Submitted October 12, 1999
December 20, 1999
Appeal by the defendant from (1) an amended judgment of the Supreme Court, Suffolk County (Klein, J.), rendered February 24, 1997, revoking a sentence of probation previously imposed by the same court (Rohl, J.), upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of criminal possession of a controlled substance in the third degree, and (2) a resentence of the same court imposed April 15, 1999.
Robert C. Mitchell, Riverhead, N.Y. (Monroe A. Semble of counsel), for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Susan I. Braitman of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the amended judgment and the resentence are affirmed.
The court's determination that the defendant had violated his probation was based "upon a preponderance of the evidence which requires a residuum of competent legal evidence in the record" (People v. Matula, 258 A.D.2d 670, 671 [2d Dept., Feb. 22, 1999]; see,People v. Rennie, 190 A.D.2d 830 ; People v. Yutesler, 177 A.D.2d 732 ).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
BRACKEN, J.P., JOY, GOLDSTEIN, and LUCIANO, JJ., concur.