People v. Migneco

• Decision Date: 20 September 1993
• Citation: 196 A.D.2d 849,603 N.Y.S.2d 753
• Parties: The PEOPLE, etc., Respondent, v. Eleanor MIGNECO, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 753

603 N.Y.S.2d 753

196 A.D.2d 849

The PEOPLE, etc., Respondent, v. Eleanor MIGNECO, Appellant.

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

Sept. 20, 1993.

Jonathan C. Scott, Northport, for appellant.

James M. Catterson, Jr., Dist. Atty., Riverhead (Michael J. Miller, of counsel; Pierce Cohalan, on the brief), for respondent.

Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Sherman, J.), rendered June 10, 1992, revoking a sentence of probation previously imposed by the same court, upon a finding that she had violated a condition thereof, upon her admission, and imposing a sentence of imprisonment upon her previous conviction of criminal mischief in the fourth degree.

ORDERED that the amended judgment is affirmed.

The defendant failed to preserve for appellate review her claim regarding the sufficiency of the plea allocution since she did not 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; People v. Hunter, 194 A.D.2d 628, 599 N.Y.S.2d 992).

In any event, under the circumstances of this case, the court properly adjudicated the defendant in violation of probation based upon her admission (see, People v. Hunter, supra; People v. Smith, 146 A.D.2d 656, 538 N.Y.S.2d 460; People v. Lombardo, 108 A.D.2d 873, 485 N.Y.S.2d 370).

BRACKEN, J.P., and BALLETTA, EIBER, O'BRIEN and PIZZUTO, JJ., concur.