People v. Tavares

• Decision Date: 04 October 1993
• Citation: 604 N.Y.S.2d 739,197 A.D.2d 552
• Parties: The PEOPLE, etc., Respondent, v. Ray TAVARES, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 739

604 N.Y.S.2d 739

197 A.D.2d 552

The PEOPLE, etc., Respondent, v. Ray TAVARES, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

Oct. 4, 1993.

Page 390

John J. Cox, Staten Island, for appellant.

William L. Murphy, Dist. Atty., Staten Island (Karen F. McGee, of counsel; Michael Caracta, on the brief), for respondent.

Appeal by the defendant from an amended judgment of the Supreme Court, Richmond County (Kuffner, J.), rendered October 15, 1991, 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 sale of a controlled substance in the third degree.

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. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938). In any event, the record establishes that defendant knowingly and voluntarily pleaded guilty 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), and the proceedings were in substantial conformity with the requirements of CPL 410.70.

MANGANO, P.J., and ROSENBLATT, LAWRENCE, COPERTINO and JOY, JJ., concur.