People v. Shelby

• Decision Date: 27 December 1999
• Citation: 700 N.Y.S.2d 843,267 A.D.2d 482
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>HAROLD SHELBY, Appellant.
• Court: New York Supreme Court — Appellate Division

267 A.D.2d 482

700 N.Y.S.2d 843

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.HAROLD SHELBY, Appellant.

Decided December 27, 1999.

Mangano, P. J., Ritter, Joy, McGinity and Smith, JJ., concur.

Ordered that the amended judgment is affirmed.

The defendant's claim regarding the voluntariness of his admission to a violation of probation is not preserved for appellate review (see, People v Lopez, 71 NY2d 662, 665-666; People v Pellegrino, 60 NY2d 636). In any event, the record establishes that he knowingly and voluntarily pleaded guilty to the violation of probation, and that the proceedings were in substantial conformity with the requirements of CPL 410.70 (see, People v Harris, 61 NY2d 9).

The defendant's remaining contentions are without merit.