People v. Pestone

—Appeal by the defendant from an amended judgment of the Supreme Court, *547Westchester County (Cowhey, J.), rendered November 14, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof by failing to make agreed-upon restitution payments, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of grand larceny in the third degree.

Ordered that the amended judgment is affirmed.

Under the circumstances of this case, the court providently exercised its discretion in revoking the defendant’s…