Opinion
2014-11-5
The PEOPLE, etc., respondent, v. Anthony HEINE, appellant.
Carol Kahn, New York, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Carol Kahn, New York, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from an amended judgment of the County Court, Dutchess County (Greller, J.), rendered December 5, 2012, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of robbery in the third degree.
ORDERED that the amended judgment is affirmed.
The defendant failed to preserve for appellate review his contention that his admission to violating a condition of his probation was not knowingly, voluntarily, and intelligently made ( see People v. Kinalis, 112 A.D.3d 739, 976 N.Y.S.2d 400; People v. Dauch, 97 A.D.3d 602, 947 N.Y.S.2d 331). In any event, the defendant's contentionis without merit ( see People v. Decker, 83 A.D.3d 731, 919 N.Y.S.2d 880).
The defendant's contention that the County Court improvidently exercised its discretion in resentencing him on the violation of probation without obtaining an updated presentence report is not preserved for appellate review ( see People v. McGinn, 96 A.D.3d 977, 946 N.Y.S.2d 489; People v. Gianni, 94 A.D.3d 1477, 942 N.Y.S.2d 733; People v. Rogers, 45 A.D.3d 786, 847 N.Y.S.2d 590) and, in any event, is without merit ( see People v. Kuey, 83 N.Y.2d 278, 609 N.Y.S.2d 568, 631 N.E.2d 574).
Contrary to the defendant's contention, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.