Opinion
2000-10620
Submitted May 24, 2002.
June 25, 2002.
Appeal by the defendant from an amended judgment of the County Court, Orange County (Rosenwasser, J.), rendered November 6, 2000, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of criminal possession of a weapon in the third degree.
Scott Brettschneider, Kew Gardens, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
SANDRA J. FEUERSTEIN, J.P., CORNELIUS J. O'BRIEN, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the amended judgment is affirmed.
The defendant has not preserved for appellate review his contention that the County Court improperly resentenced him on his violation of probation because it lacked an updated presentence report (see People v. Pitter, 272 A.D.2d 416; People v. Oyebanji, 246 A.D.2d 560; CPL 470.05). In any event, his contention is without merit, as he consented, through defense counsel, to proceed to sentencing without an updated report (see People v. Moon, 225 A.D.2d 826; see generally People v. Figueroa, 227 A.D.2d 501).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
FEUERSTEIN, J.P., O'BRIEN, TOWNES and COZIER, JJ., concur.