PEOPLE v. PRATT

Sentence affirmed.

The sentence imposed upon the defendant was neither excessive nor unduly harsh.

We note that the People request this court to modify the imposed sentence since Criminal Term should have imposed the statutorily mandated sentence of five years' probation, with a condition that the defendant serve a period of four months' imprisonment as a part of the probationary term (see, Penal Law §§ 60.01, [3]; 65.00 [3] [a] [i]). However, since the People have not cross-appealed, the issue is not properly before us (see, CPL 450.20; 450.30 [2]; Matter of Morgenthau v Roberts, 47 A.D.2d 826). Mollen, P.J., Gibbons, Lawrence and Kooper, JJ., concur.