People v Barnes
2012 NY Slip Op 06612 [99 AD3d 719]
October 3, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


The People of the State of New York, Respondent,
v
Ned Barnes, Appellant.

[*1] Salvatore C. Adamo, New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.

Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Kahn, J.), rendered March 7, 2011, revoking a sentence of probation previously imposed by the Supreme Court, Nassau County (Calabrese, J.), upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of rape in the second degree.

Ordered that the amended judgment is affirmed.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Florio, Dickerson and Lott, JJ., concur.