THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. BRYAN WASHINGTON DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRYAN WASHINGTON, DEFENDANT–APPELLANT.

KA 14–00888

Decided: June 19, 2015

PRESENT:  CENTRA, J.P., CARNI, LINDLEY, AND DEJOSEPH, JJ. LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA WHITE OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum:  Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of two counts of grand larceny in the fourth degree (Penal Law § 155.30[1] ) and sentencing him to concurrent indeterminate terms of incarceration.   We affirm.   Defendant failed to preserve for our review his contention that County Court improperly found, based solely on hearsay evidence, that he violated the conditions of his probation by leaving the county without the permission of his probation officer or the court (see People v. Serach, 247 A.D.2d 885, 885, lv denied 92 N.Y.2d 860;  People v. Angel E., 233 A.D.2d 938, 938, lv denied 89 N.Y.2d 939).   We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ).   Defendant's contention that the evidence failed to establish that he violated the conditions of his probation by failing to appear for a court date is likewise unpreserved for our review (see People v. Fusco, 91 AD3d 985, 986;  People v. Alvarez, 26 AD3d 442, 442–443, lv denied 6 NY3d 892).   In any event, we note that defendant does not challenge on appeal the court's finding that his failure to report to his probation officer constituted a violation of his probation (see generally People v. Walts, 34 AD3d 1043, 1043, lv denied 8 NY3d 850).   Finally, the sentence is not unduly harsh or severe.

Frances E. Cafarell

Clerk of the Court