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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN T. LASMANIS, Appellant.

Ordered that the amended judgment is affirmed.

On the record presented, we conclude that "the court properly adjudicated the defendant in violation of probation based upon his plea of guilty, made through his defense counsel in open court and in the defendant's presence" (People v Pons, 134 A.D.2d 378). Furthermore, since there has been neither an abuse of discretion nor a failure to observe sentencing principles (People v Suitte, 90 A.D.2d 80), the sentence imposed should not be disturbed.

The defendant's remaining contention is unpreserved for appellate review, and in any event, is without merit (see, People v Pellegrino, 60 N.Y.2d 636; People v Harris, 61 N.Y.2d 9). Mollen, P.J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.

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PEOPLE v. LASMANIS
(May 30, 1989)