MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed, and the matter is remitted to Supreme Court, Erie County, for proceedings pursuant to CPL 460.50(5).
Memorandum:
On appeal from a judgment resentencing him upon a probation violation, defendant contends that the original sentence of probation violates Penal Law 60.01(2)(d). That contention is not properly before us inasmuch as there is no notice of appeal from the original judgment in the record before us, nor is there otherwise any indication in the record that an appeal from that judgment was perfected ( see People v. Reddy, 227 A.D.2d 961, lv denied 88 N.Y.2d 1024; People v. Dabbs, 178 A.D.2d 848, lv denied 79 N.Y.2d 946).