Opinion
(1021) KA 00-01190.
September 28, 2001.
(Appeal from Judgment of Steuben County Court, Bradstreet, J. — Violation of Probation.)
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, SCUDDER AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
By failing to move to set aside his admission to a violation of probation or vacate the judgment of conviction, defendant failed to preserve for our review his contention that County Court erred in failing to elicit a recitation of the facts underlying his admission ( see, People v. Lopez, 71 N.Y.2d 662, 665). Nor does this case fall within the narrow exception to the preservation doctrine ( see, People v. Toxey, 86 N.Y.2d 725, 725-726, rearg denied 86 N.Y.2d 839). The sentence is neither unduly harsh nor severe.