704 N.Y.S.2d 88 | N.Y. App. Div. | 2000
—Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Chetta, J.), rendered July 22, 1998, revoking a sentence of probation previously imposed by the same court (Latella, J.), upon a finding that he violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal sale of a controlled substance in the third degree.
Ordered that the amended judgment is affirmed.
Contrary to the defendant’s contention, there is no inherent contradiction between a determination that the defendant violated his probation and a verdict acquitting him of the criminal offenses which formed the basis of the violation, inasmuch as the two matters are subject to different standards of proof (see, People v Powell, 209 AD2d 645, 646; People ex rel. Singletary v Dalsheim, 84 AD2d 553). In addition, the defendant’s resentence was not excessive (see, People v Suitte, 90 AD2d 80).
The defendant’s remaining contentions are unpreserved for appellate review (see, CPL 470.05). Santucci, J. P., S. Miller, Luciano and Feuerstein, JJ., concur.