Opinion
KA 01-00514
November 15, 2002.
Appeal from an adjudication of Cayuga County Court (Corning, J.), entered July 18, 2000, upon a finding that defendant violated the conditions of his probation.
CYNTHIA B. BRENNAN, AUBURN, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (CHARLES M. THOMAS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, HURLBUTT, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the adjudication so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from an adjudication sentencing him to a term of incarceration of 1 1/3 to 4 years upon a finding that he violated the conditions of his probation. Contrary to the contention of defendant, he was not denied effective assistance of counsel at sentencing. The record establishes that the attorneys assigned to represent defendant at the two sentencing proceedings were sufficiently familiar with the case and defendant's background to provide meaningful representation ( see People v. Ziolkowski, 298 A.D.2d 901 [Oct. 1, 2002]; cf. People v. Burgun, 256 A.D.2d 1093, 1094; People v. Edmond, 84 A.D.2d 938). The sentence is neither unduly harsh nor severe.