From Casetext: Smarter Legal Research

People v. Orsini

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 674 (N.Y. App. Div. 1998)

Opinion

January 26, 1998

Appeal from the County Court, Nassau County (Ain, J.).


Ordered that the amended judgment is affirmed.

The defendant was charged with four separate specifications with respect to his violation of probation: (1) failure to report as directed, (2) failure to notify of a change in address, (3) failure to abstain from unlawful use of a controlled substance, and (4) failure to work faithfully at suitable employment. At the conclusion of the hearing ( see, CPL 410.70), the court sustained the first two specifications.

On appeal, the defendant argues that the court intervened in the parole violation hearing to an unwarranted extent. We agree with the People that this argument was not properly preserved for appellate review ( see, People v. Charleston, 56 N.Y.2d 886; People v. Barren, 240 A.D.2d 586; People v. Gonzalez, 183 A.D.2d 783), and we decline to review it in the exercise of our interest of justice jurisdiction ( see generally, People v. Yut Wai Tom, 53 N.Y.2d 44; People v. De Jesus, 42 N.Y.2d 519; People v. Cotto, 240 A.D.2d 193).

The defendant's remaining contentions are without merit.

Bracken, J.P., Copertino, Thompson and Luciano, JJ., concur.


Summaries of

People v. Orsini

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 674 (N.Y. App. Div. 1998)
Case details for

People v. Orsini

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS ORSINI…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 26, 1998

Citations

246 A.D.2d 674 (N.Y. App. Div. 1998)
666 N.Y.S.2d 957

Citing Cases

People v. Townsend

The defendant's previous convictions were probative in evaluating his credibility, and thus the court's…

People v. Skipper

Ordered that the judgment is affirmed. The defendant's contention that the evidence on the fifth count of the…