People v. Hunter

• Citation: 599 N.Y.S.2d 992,194 A.D.2d 628
• Parties: The PEOPLE, etc., Respondent, v. James HUNTER, Jr., Appellant.
• Decision Date: 07 June 1993
• Court: New York Supreme Court — Appellate Division

Page 992

599 N.Y.S.2d 992

194 A.D.2d 628

The PEOPLE, etc., Respondent, v. James HUNTER, Jr., Appellant.

Supreme Court of New York, Appellate Division, Second Department.

June 7, 1993

Charles E. von Schmidt, Hauppauge, for appellant. James M. Catterson, Jr., Dist. Atty., Riverhead (Patricia A. Murphy, of counsel), for respondent.

Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Vaughn, J.), rendered April 16, 1992, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a controlled substance in the third degree. ORDERED that the amended judgment is affirmed. The defendant's claim regarding the sufficiency of the plea allocution has not been preserved for appellate review as a result of his failure to move to withdraw the plea (see, People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938). In any event, the court properly adjudicated the defendant to be in violation of probation based upon his admission (see, CPL 410.70; People v. Smith, 146 A.D.2d 656, 538 N.Y.S.2d 460). Notably, an admission to a violation of probation does not require a waiver of the full panalopy of constitutional rights that are waived by reason of a guilty plea to a criminal offense (People v. Lombardo, 108 A.D.2d 873, 485 N.Y.S.2d 370).

THOMPSON, J.P., and SULLIVAN, MILLER, RITTER and SANTUCCI, JJ., concur.