Opinion
October 2, 1998
Appeal from Judgment of Monroe County Court, Marks, J. — Violation of Probation.
Present — Green, J. P., Lawton, Hayes, Pigott, Jr., and Callahan, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his argument that County Court erred in failing to order an updated presentence report before sentencing him following a revocation of probation ( see, People v. Moor, 225 A.D.2d 826, 827-828, lv denied 88 N.Y.2d 939; People v. Schneider, 188 A.D.2d 754, 757, lv denied 81 N.Y.2d 892). In any event, the argument is without merit. The court was "fully familiar with any changes in defendant's status, conduct or condition" since the original sentencing ( People v. Reaves, 216 A.D.2d 945, lv denied 86 N.Y.2d 801; see also, People v. Hemingway, 222 A.D.2d 1102, 1103, lv denied 87 N.Y.2d 1020; People v. Skinner, 222 A.D.2d 1108, lv denied 88 N.Y.2d 885). The sentence is neither unduly harsh nor severe.