PEOPLE v. RALSTON

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 probation based upon a finding that he violated its conditions and resentencing him to an indeterminate term of incarceration of 1a to 4 years on the underlying conviction of grand larceny in the fourth degree (Penal Law § 155.30). In the posture of this appeal, the contention of defendant that Supreme Court erred in ordering him to pay restitution at the time of the original sentence of probation without affording him an opportunity to withdraw his guilty plea is not properly before us (see People v. Klinkowski, 281 A.D.2d 972, 973, lv denied 96 N.Y.2d 831; People v. Swank, 278 A.D.2d 861, lv denied 96 N.Y.2d 807; People v. Panek, 256 A.D.2d 1238, lv denied 93 N.Y.2d 856; People v. Holmes, 226 A.D.2d 1122, lv denied 88 N.Y.2d 966; see also CPL 450.30, [3]). The sentence imposed upon defendant's violation of probation is not unduly harsh or severe.