People v. Vardaro

*761The evidence adduced at the hearing was sufficient to support the finding that the defendant violated the terms of his probation (see, CPL 410.70; People v Bacchi, 112 AD2d 940). In resentencing the defendant, however, the court simply continued the defendant’s original sentence of probation, which had included a special condition of 60 days’ incarceration, and which had already been served by the defendant, and imposed a further special condition of six months’ incarceration. Thus, the sentencing court has now added to the defendant’s original sentence a condition of incarceration in excess…