Opinion
Submitted November 1, 1999
December 6, 1999
Appeal by the defendant from an amended judgment of the County Court, Putnam County (Braatz, J.), rendered July 22, 1998, revoking a sentence of probation previously imposed by the same court, upon a finding that defendant had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his prior conviction of sexual abuse in the first degree.
Ethel P. Ross, Rye, N.Y., for appellant.
Kevin L. Wright, District Attorney, Carmel, N.Y. (Mary Jane MacCrae of counsel), for respondent.
GUY JAMES MANGANO, P.J., DAVID S. RITTER, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the amended judgment is affirmed.
Contrary to the defendant's assertions on appeal, the testimony at the hearing, viewed in a light most favorable to the People, was sufficient to establish by a preponderance of the evidence that the defendant had violated the terms of his probation (see, People v. Parmeter, 238 A.D.2d 811 ;People v. Powell, 209 A.D.2d 645 ).
The sentence was not excessive (see, People v. Moon, 225 A.D.2d 826, 828 ; People v. Suitte, 90 A.D.2d 80, 86-87 ).
The defendant's remaining contentions are without merit.
MANGANO, P.J., RITTER, GOLDSTEIN, and H. MILLER, JJ., concur.