People v. Beach

Appeal from a judgment of the County Court of Tompkins County (Rowley, J), rendered March 30, 2012, which revoked defendant’s probation and imposed a sentence of imprisonment.

In 2009, defendant pleaded guilty to driving while intoxicated as a felony and was sentenced to five years of probation. Follow*1118ing a failed drug test in 2012, defendant pleaded guilty to violating the terms of his probation, and his probation was revoked. County Court then resentenced defendant to 21k to 7 years in prison, prompting this appeal.

We affirm. Absent evidence of an appropriate postallocution motion,…