Opinion
Argued January 7, 2000
February 24, 2000
Appeal by the defendant from an amended judgment of the Supreme Court, Westchester 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.
Anthony M. Giordano, Mount Kisco, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Peter A. Carbone and Mary E. Costello of counsel), for respondent.
THOMAS R. SULLIVAN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN and ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the amended judgment is affirmed.
Under the circumstances of this case, the court providently exercised its discretion in revoking the defendant's sentence of probation, which was conditioned in large measure upon the payment of restitution, and sentencing the defendant to a period of incarceration (see, People v. Martinich, 258 A.D.2d 742 ; People v. Carrington, 178 A.D.2d 648 ; People v. Sichenzia, 155 A.D.2d 702 ; People v. Felman, 141 A.D.2d 889 ; People v. Wojcieszek, 140 A.D.2d 972 ). Contrary to the defendant's contentions, his probation was revoked because of his failure to abide by the terms thereof, including the payment of restitution. To the extent that the defendant was unable to pay restitution due to his subsequent Federal conviction and incarceration, this was a self-created hardship (see, Matter of Knights v. Knights, 71 N.Y.2d 865 ).
The defendant's remaining contentions are without merit.