Opinion
No. KA 06-02309.
March 14, 2008.
Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered November 4, 2005. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY-JEAN BOWMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
Present: Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192; § 1193 [1] [c] [former (i)]) and sentencing him to an indeterminate term of incarceration. Defendant's contentions with respect to the plea proceeding underlying the original judgment are not properly before us ( see People v Van Every, 26 AD3d 777; see also People v Hall, 5 AD3d 1011). The sentence imposed upon the violation of probation is not unduly harsh or severe.