PEOPLE v. BERGMAN

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

Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of attempted assault in the second degree (Penal Law §§ 110.00, 120.05) and sentencing him to a term of imprisonment. We reject defendant's contention that the People failed to establish by a preponderance of the evidence that defendant violated the conditions of his probation ( see CPL 410.70; People v Maldonado, 44 AD3d 793, lv denied 9 NY3d 1035), and "the decision to revoke his probation will not be disturbed, [absent a] `clear abuse of discretion'" ( People v Barber, 280 AD2d 691, 694, lv denied 96 NY2d 825). We reject the further contention of defendant that he was denied effective assistance of counsel inasmuch as "the evidence, the law, and the circumstances of [this] case, viewed in totality and as of the time of the representation, reveal that [defense counsel] provided meaningful representation" ( People v Baldi, 54 NY2d 137, 147); Finally, the sentence is not unduly harsh or severe.