Opinion
2002-04014.
Decided December 15, 2003.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered April 4, 2002, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a controlled substance in the third degree.
Lisa H. Blitman, New York, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Catherine A. Walsh of counsel), for respondent.
Before: THOMAS A. ADAMS WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his contention that the County Court improperly resentenced him on his violation of probation because it failed to obtain an updated presentence report ( see People v. Segar, 295 A.D.2d 628; People v. Pierre-Paul, 289 A.D.2d 262; People v. Viruet, 288 A.D.2d 407).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.