Opinion
December 28, 1998
Appeal from the County Court, Westchester County (Sise, J.).
Ordered that the amended judgment is affirmed.
There is no merit to the defendant's contention that probation should not have been revoked. The defendant's probation officer testified that the defendant failed to report on two separate and distinct scheduled dates. This testimony, which was uncontroverted, clearly established by a preponderance of the evidence that the defendant had violated the terms of his probation ( see, CPL 410.70; People v. Ramos, 232 A.D.2d 433; People v. Morales, 178 A.D.2d 562).
The sentence imposed upon the revocation of probation was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
Miller, J. P., Ritter, Sullivan and Pizzuto, JJ., concur.