People v. Padilla
Decision Date | 09 May 2005 |
Docket Number | 2003-05459. |
Citation | 794 N.Y.S.2d 666,2005 NY Slip Op 03883,18 A.D.3d 578 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS PADILLA, Appellant. |
Court | New York Supreme Court — Appellate Division |
Ordered that the amended judgment is affirmed.
The defendant's claim regarding the voluntariness of his admission to a violation of probation is unpreserved for appellate review (see People v Pellegrino, 60 NY2d 636 [1983]; People v Melvin, 274 AD2d 435 [2000]; People v Shelby, 267 AD2d 482 [1999]; People v Tavares, 197 AD2d 552 [1993]). In any event, the record established that he knowingly and voluntarily admitted to the violation of probation (see People v Melvin, supra; People v Shelby, supra).
Furthermore, the County Court providently exercised its discretion in failing to, sua sponte, order a competency hearing (see CPL 730.30; People v Tortorici, 92 NY2d 757 [1999], cert denied 528 US 834 [1999]; People v Gelikkaya, 84 NY2d 456, 459 [1994]; People v Armlin, 37 NY2d 167, 171 [1975]; People v Graham, 272 AD2d 479 [2000]).
We have considered the defendant's contention that his negotiated sentence was excessive and find it to be without merit (see People v Broadie, 37 NY2d 100 [1975], cert denied 423 US 950 [1975]; People v Kazepis, 101 AD2d 816 [1984]; People v Suitte, 90 AD2d 80 [1982]).
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People v. Reyes
...admitted that she violated a condition of her probation ( see People v. Carden, 27 A.D.3d 573, 810 N.Y.S.2d 365;People v. Padilla, 18 A.D.3d 578, 579, 794 N.Y.S.2d 666;People v. Melvin, 274 A.D.2d 435, 436, 711 N.Y.S.2d 775). Moreover, the court was not required to secure a waiver of each o......
- People v. McFarlane, 2003-04947.