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THE PEOPLE OP THE STATE OF NEW YORK, Respondent, v. DENNIS H. LAWLOR, Appellant.

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 driving while intoxicated as a felony (Vehicle and Traffic Law § 1192; § 1193 [1] [c] [former (i)]) and sentencing him to an indeterminate term of incarceration. Defendant's contentions with respect to the plea proceeding underlying the original judgment are not properly before us ( see People v Van Every, 26 AD3d 777; see also People v Hall, 5 AD3d 1011). The sentence imposed upon the violation of probation is not unduly harsh or severe.

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PEOPLE v. LAWLOR
(Mar 14, 2008)