People v. Smith

• Decision Date: 02 November 1998
• Citation: 681 N.Y.S.2d 548,255 A.D.2d 343
• Parties: 1998 N.Y. Slip Op. 9580 The PEOPLE, etc., Respondent, v. Neville SMITH, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 548

681 N.Y.S.2d 548

1998 N.Y. Slip Op. 9580

The PEOPLE, etc., Respondent, v. Neville SMITH, Appellant.

Supreme Court, Appellate Division,

Second Department.

Nov. 2, 1998.

Gary E. Eisenberg, Monroe, for appellant.

Francis D. Phillips II, District Attorney, Goshen (Paul Harnisch, of counsel), for respondent.

Before BRACKEN, J.P., RITTER, COPERTINO, SANTUCCI and ALTMAN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from an amended judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered May 29, 1997, 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, upon his plea of guilty.

ORDERED that the amended judgment is affirmed.

The defendant knowingly and voluntarily admitted to a violation of probation (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Nixon, 21 N.Y.2d 338, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709). The court properly adjudicated the defendant to be in violation of probation based upon his admission (see, CPL 410.70; People v. Hunter, 194 A.D.2d 628, 599 N.Y.S.2d 992; People v. Pons, 134 A.D.2d 378, 520 N.Y.S.2d 855). Contrary to the defendant's contention, an admission to a violation of probation does not require a waiver of the full panoply of constitutional rights that are waived by reason of a guilty plea to a criminal offense (see, People v. Hunter, supra; People v. Keemer, 186 A.D.2d 586, 588 N.Y.S.2d 803; People v. Lombardo, 108 A.D.2d 873, 485 N.Y.S.2d 370).