People v. Robinson

22 A.D.3d 610, 801 N.Y.S.2d 749

Opinion

Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 15, 2004, revoking a sentence of probation previously imposed by the same court on September 17, 1999, upon a finding that he had violated the conditions thereof, upon his admission and after a hearing, and imposing a sentence of imprisonment upon his conviction of sexual abuse in the first degree.

Ordered that the amended judgment is affirmed.

The defendant, while on probation, was convicted of a crime related to his drug use and thereafter admittedly continued his drug use. At a hearing, he described cocaine as a “social drug.” Under all of the circumstances presented, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 83-84 [1982]). Adams, J.P., Mastro, Lifson and Lunn, JJ., concur.