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People v. Aldrich

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 28, 2001
286 A.D.2d 900 (N.Y. App. Div. 2001)

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.


Summaries of

People v. Aldrich

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 28, 2001
286 A.D.2d 900 (N.Y. App. Div. 2001)
Case details for

People v. Aldrich

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. DEAN ALDRICH…

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

Date published: Sep 28, 2001

Citations

286 A.D.2d 900 (N.Y. App. Div. 2001)
730 N.Y.S.2d 900