Majority
p. 1088The People of the State of New York, Respondent, v Wilfredo Alvarez, Appellant. (Appeal No. 2.)
Judgment unanimously affirmed. Memorandum: County Court’s revocation of probation was supported by a preponderance of the evidence at the violation hearing (see, CPL 410.70 [3]). Under the circumstances, imposition of the maximum sentence following the revocation of probation was neither harsh nor excessive. (Appeal from Judgment of Orleans County Court, Miles, J. — Violation of Probation.) Present — Boomer, J. P., Green, Balio, Boehm and Fallon, JJ.