Opinion
Submitted June 7, 2000.
July 12, 2000.
Appeal by the defendant from an amended judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered August 28, 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 sale of a controlled substance in the third degree.
Robert N. Isseks, Middletown, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
RED 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; People v. Shelby, 267 A.D.2d 482; People v. Tavares, 197 A.D.2d 552). In any event, the record establishes that he knowingly and voluntarily admitted 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 N.Y.2d 9; People v. Shelby, supra).
The sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).