People v. McShaw

• Decision Date: 31 May 1994
• Citation: 204 A.D.2d 741,614 N.Y.S.2d 244
• Parties: The PEOPLE, etc., Respondent, v. Robert McSHAW, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 244

614 N.Y.S.2d 244

204 A.D.2d 741

The PEOPLE, etc., Respondent, v. Robert McSHAW, Appellant.

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

May 31, 1994.

Larry Sheehan, Scarsdale, for appellant.

Jeanine Pirro, Dist. Atty., White Plains (James P. Byrne and Bruce Edward Kelly, of counsel), for respondent.

Appeal by the defendant from an amended judgment of the County Court, Westchester County (LaCava, J.), rendered June 22, 1993, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal facilitation in the fourth degree.

ORDERED that the amended judgment is affirmed.

The court properly adjudicated the defendant to be in violation of probation based upon his admission (see, CPL 410.70; People v. Hunter, 194 A.D.2d 628, 599 N.Y.S.2d 992).

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

SULLIVAN, J.P., and LAWRENCE, PIZZUTO, JOY and GOLDSTEIN, JJ., concur.