PEOPLE v. ANTHONY (2004)

Defendant appeals from a judgment revoking the sentence imposed upon his conviction of sexual abuse in the first degree (Penal Law § 130.65[1] ) and sentencing him to a determinate term of incarceration of five years.   Although defendant admitted that he violated the conditions of his probation in that prior sentence, he now challenges the propriety of one of those conditions.   Defendant's present challenge is not properly before us on this appeal (see People v. Swank, 278 A.D.2d 861, 717 N.Y.S.2d 438, lv. denied 96 N.Y.2d 807, 726 N.Y.S.2d 385, 750 N.E.2d 87;  People v. Ambriati, 239 A.D.2d 948, 659 N.Y.S.2d 606, lv. denied 90 N.Y.2d 901, 663 N.Y.S.2d 513, 686 N.E.2d 225;  People v. Holmes, 226 A.D.2d 1122, 642 N.Y.S.2d 133, lv. denied 88 N.Y.2d 966, 647 N.Y.S.2d 720, 670 N.E.2d 1352).   Contrary to defendant's further contention, the term of incarceration imposed is not unduly harsh or severe.   We have reviewed the contentions of defendant in his pro se supplemental brief and conclude that they are without merit.

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

MEMORANDUM: