Opinion
2001-04020
Submitted October 8, 2003.
November 17, 2003.
Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered April 30, 2001, revoking a sentence of probation previously imposed by the same court (Firetog, J.), upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence upon his previous conviction of robbery in the third degree.
Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B. Morris of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the amended judgment is affirmed.
The defendant's contention that the Supreme Court improperly sentenced him on the violation of probation because it lacked an updated presentence report is unpreserved for appellate review ( see People v. Pitter, 272 A.D.2d 416; People v. Oyebanji, 246 A.D.2d 560; CPL 470.05). In any event, the contention is without merit ( see People v. Kuey, 83 N.Y.2d 278; People v. Cannon, 208 A.D.2d 942; People v. Jackson, 106 A.D.2d 93, 98).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.