Opinion
12-17-2014
The PEOPLE, etc., respondent, v. Johnathan WRIGHT, appellant.
Alan Polsky, Medford, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
Alan Polsky, Medford, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
Opinion Appeal by the defendant from an amended judgment of the Supreme Court, Suffolk County (Cohen, J.), rendered November 30, 2012, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of attempted burglary in the second degree.
ORDERED that the amended judgment is affirmed.
Contrary to the defendant's contention, upon finding that the defendant violated four conditions of his probation, the Supreme Court did not violate his substantive due process rights by revoking his sentence of probation and sentencing him to a term of imprisonment for the original conviction (see CPL 410.70[5] ; People v. Beach, 118 A.D.3d 905, 987 N.Y.S.2d 451 ; People v. Costanza, 36 A.D.3d 829, 830, 829 N.Y.S.2d 160 ; People v. Haas, 245 A.D.2d 825, 826–827, 666 N.Y.S.2d 324 ). Furthermore, the sentence imposed was not excessive (see People v. Hobson, 43 A.D.3d 1179, 843 N.Y.S.2d 146 ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
BALKIN, J.P., LEVENTHAL, HALL and HINDS–RADIX, JJ., concur.