Opinion
2012-01-24
The PEOPLE, etc., respondent, v. Amanda GLEDHILL, appellant.
Arza R. Feldman, Uniondale, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Arza R. Feldman, Uniondale, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Kahn, J.), rendered February 10, 2011, revoking a sentence of probation previously imposed by the same court upon a finding that she violated a condition thereof, upon her admission, and imposing a sentence of imprisonment upon her previous conviction of rape in the second degree, upon her plea of guilty.
ORDERED that the amended judgment is affirmed.
The defendant's contention that the County Court improperly sentenced her without obtaining an updated presentence report is unpreserved for appellate review ( see CPL 470.05[2]; People v. Mannina, 89 A.D.3d 1038, 933 N.Y.S.2d 570; People v. Thompson, 65 A.D.3d 1390, 885 N.Y.S.2d 625; People v. Grzywaczewski, 61 A.D.3d 699, 700, 875 N.Y.S.2d 906; People v. Ruffino, 52 A.D.3d 624, 625, 858 N.Y.S.2d 889; People v. Ramirez, 29 A.D.3d 1022, 815 N.Y.S.2d 480) and, in any event, is without merit ( see People v. Kuey, 83 N.Y.2d 278, 282–283, 609 N.Y.S.2d 568, 631 N.E.2d 574; People v. Mannina, 89 A.D.3d 1038, 933 N.Y.S.2d 570; People v. Ruff, 50 A.D.3d 1167, 1168, 854 N.Y.S.2d 787).
*917 The resentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant's remaining contention is without merit.