People v Antoine R.
2011 NY Slip Op 07459 [88 AD3d 914]
October 18, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


The People of the State of New York, Respondent,
v
Antoine R., Appellant.

—[*1] Joseph F. DeFelice, Kew Gardens, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.

Appeal by the defendant from an amended judgment of the Supreme Court, Nassau County (Ayres, J.), rendered August 6, 2010, revoking a sentence of probation previously imposed by the same court (Honorof, J.), upon a finding that he violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous adjudication as a youthful offender for robbery in the second degree.

Ordered that the amended judgment is affirmed.

The sentence imposed was not excessive (see People v Mulleavey, 50 AD3d 826, 827 [2008]; People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P., Angiolillo, Lott and Roman, JJ., concur.