Opinion
07-19-2017
Thomas R. Villecco, Jericho, NY, for appellant. Eric T. Schneiderman, Attorney General, New York, NY (Alyson J. Gill and Dennis A. Rambaud of counsel), for respondent.
Thomas R. Villecco, Jericho, NY, for appellant.
Eric T. Schneiderman, Attorney General, New York, NY (Alyson J. Gill and Dennis A. Rambaud of counsel), for respondent.
Appeal by the defendant from an amended judgment of the Supreme Court, Nassau County (Gugerty, J.), rendered April 25, 2016, revoking a sentence of probation previously imposed by the same court, upon a finding that she violated conditions thereof, after a hearing, and imposing a sentence of imprisonment upon her previous conviction of endangering the welfare of an incompetent or physically disabled person.
ORDERED that the amended judgment is affirmed.
The defendant's contention that she made a good faith effort to comply with the conditions of her probation is unpreserved for appellate review (see People v. Palicz, 121 A.D.3d 721, 992 N.Y.S.2d 896 ; People v. Park, 203 A.D.2d 596, 612 N.Y.S.2d 938 ). In any event, the Supreme Court properly found, based upon a preponderance of the evidence presented at the hearing, that the defendant had violated conditions of her probation by, inter alia, failing to report to the probation department on several dates, failing to sign medical releases, failing to submit to a drug test, and failing to give a DNA sample (see People v. Palicz, 121 A.D.3d 721, 992 N.Y.S.2d 896 ).
DILLON, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.