People v Candelaria
2004 NY Slip Op 09942 [13 AD3d 1191]
December 30, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 23, 2005


The People of the State of New York, Respondent, v Anthony Candelaria, Appellant.

[*1]Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered June 20, 2003. The judgment revoked defendant's probation and imposed a sentence of incarceration.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment that revoked his probation and imposed an indeterminate term of incarceration of 1½ to 4½ years. County Court did not err in revoking defendant's probation because the People proved by a preponderance of the evidence that defendant violated two conditions of his probation (see People v Pettway, 286 AD2d 865 [2001] ). We further conclude that defendant's sentence is not unduly harsh or severe.

Defendant's remaining contention is without merit. Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Martoche and Smith, JJ.