PEOPLE v. BROWN

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

Memorandum: Defendant appeals from a judgment revoking the term of probation imposed upon his conviction of assault in the second degree (Penal Law § 120.05) and sentencing him to a term of incarceration. Defendant contends that the decision of the Supreme Court in Crawford v Washington ( 541 US 36) precludes the use of a firearms report at his probation violation hearing. We reject that contention. Although the revocation of probation results in a loss of liberty, it is not a criminal prosecution ( see generally Gagnon v Scarpelli, 411 US 778, 782; Matter of Darvin M. v Jacobs, 69 NY2d 957, 959). Thus, Crawford, which "preserved defendant's right to confront witnesses in the context of a criminal prosecution," does not apply ( People v Dort, 18 AD3d 23, 25, lv denied 4 NY3d 885). In any event, any error in admitting the firearms report is harmless ( see generally People v Crimmins, 36 NY2d 230, 237). The sentence is not unduly harsh or severe.