People v. Nicholas

203 A.D.2d 306, 612 N.Y.S.2d 899

Opinion

—Appeal by the defendant from an amended judgment of the County Court, Westchester County (West, J.), rendered November 13, 1991, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a weapon in the third degree.

Ordered that the amended judgment is affirmed.

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). The defendant’s pro se contentions that the court erred in revoking his sentence of probation based on his commission of a homicide while on probation, and that CPL 410.10 (2) is unconstitutional, are without merit. Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.