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PEOPLE v. WOODWORTH

Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 27, 2000
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Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that County Court improperly placed him on interim probation by adjourning sentencing and continuing the terms of his original probationary sentence after accepting his admission to the violation of probation ( see, People v LaLonde, 178 A.D.2d 944, 944-945, lv denied 79 N.Y.2d 1003; cf., People v. Rodney E., 77 N.Y.2d 672). Defendant further contends that the court improperly revoked his probation and sentenced him to a term of incarceration based upon the unsubstantiated hearsay allegations of his probation officer. Defendant did not challenge any of those allegations prior to sentencing, however, and thus failed to preserve his contention for our review ( see, People v Miles, 268 A.D.2d 489, 490, lv denied 95 N.Y.2d 800; cf., People v McClemore, 276 A.D.2d 32 [decided Nov. 13, 2000]). The sentence is not unduly harsh or severe.