PEOPLE v. BROWN

ORDERED that the amended judgment is affirmed.

The defendant's contention that the Supreme Court's determination revoking his probation is not supported by sufficient evidence is without merit. The testimony adduced at the hearing supports the court's determination by a preponderance of the evidence that the defendant committed the acts with which he was charged (see, CPL 410.70[3]; People v. Yutesler, 177 A.D.2d 732 ).

Contrary to the defendant's contention, there is no inherent contradiction between a determination that the defendant violated his probation and a verdict acquitting him of the criminal offenses which formed the basis of the violation, inasmuch as the two matters are subject to different standards of proof (see,People v. Powell, 209 A.D.2d 645, 646 ; People ex rel. Singletary v. Dalsheim, 84 A.D.2d 553 ). In addition, the defendant's resentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05).

SANTUCCI, J.P., S. MILLER, LUCIANO, and FEUERSTEIN, JJ., concur.