Opinion
2020–07508 Index No. 80012V/19
05-26-2021
The PEOPLE, etc., respondent, v. Gregory GOTTFRIED, appellant.
Daniel L. Kron, Brooklyn, N.Y. (George C. Grasso of counsel), for appellant. Thomas E. Walsh II, District Attorney, New City, N.Y. (Jacob B. Sher of counsel; Meghan Garvey on the brief), for respondent.
Daniel L. Kron, Brooklyn, N.Y. (George C. Grasso of counsel), for appellant.
Thomas E. Walsh II, District Attorney, New City, N.Y. (Jacob B. Sher of counsel; Meghan Garvey on the brief), for respondent.
SYLVIA O. HINDS–RADIX, J.P., FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from an amended judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered August 31, 2020, revoking a sentence of probation previously imposed by the County Court, Onondaga County (Anthony F. Aloi, J.), upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted sexual abuse in the first degree.
ORDERED that the amended judgment is affirmed.
The defendant's contention that his sentence violated his right to free speech as guaranteed by the First Amendment to the United States Constitution is unpreserved for appellate review (see People v. Braxton, 121 A.D.3d 1126, 994 N.Y.S.2d 315 ) and, in any event, without merit.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
HINDS–RADIX, J.P., CONNOLLY, IANNACCI and CHRISTOPHER, JJ., concur.