The People, etc., respondent, v. Antoine R. (Anonymous), appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Antoine R. (Anonymous), appellant.

2010–07958 (Ind.No. 207 /08)

Decided: October 18, 2011

PETER B. SKELOS, J.P. DANIEL D. ANGIOLILLO PLUMMER E. LOTT SHERI S. ROMAN, JJ.

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.

Submitted—October 5, 2011

DECISION & ORDER

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; People v. Suitte, 90 A.D.2d 80).

SKELOS, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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