People v. Mannina

• Decision Date: 22 November 2011
• Citation: 2011 N.Y. Slip Op. 08613,933 N.Y.S.2d 570,89 A.D.3d 1038
• Parties: The PEOPLE, etc., respondent, v. Matthew MANNINA, appellant.
• Court: New York Supreme Court — Appellate Division

2011 N.Y. Slip Op. 08613
89 A.D.3d 1038
933 N.Y.S.2d 570

The PEOPLE, etc., respondent,
v.
Matthew MANNINA, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 22, 2011.

Steven A. Feldman, Uniondale, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.

[89 A.D.3d 1038] Appeal by the defendant from an amended judgment of the County Court, Orange County (DeRosa, J.), rendered May 14, 2009, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of grand larceny in the fourth degree.

ORDERED that the amended judgment is affirmed.

The defendant's contention that the County Court improperly sentenced him upon his violation of a condition of his probation [89 A.D.3d 1039] without ordering an updated presentence report is unpreserved for appellate review ( see CPL 470.05[2]; People v. Gambichler, 25 A.D.3d 722, 723, 807 N.Y.S.2d 310) and, in any event, without merit ( see People v. Kuey, 83 N.Y.2d 278, 282, 609 N.Y.S.2d 568, 631 N.E.2d 574; cf. People v. Pons, 134 A.D.2d 378, 378–379, 520 N.Y.S.2d 855).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

SKELOS, J.P., ANGIOLILLO, BELEN, LOTT and ROMAN, JJ., concur.