Opinion
507, 507A
March 18, 2003.
Judgments, Supreme Court, New York County (Brenda Soloff, J.), rendered June 28, 2001, convicting defendant, upon his pleas of guilty, of violation of probation that had been imposed under two judgments of conviction (same court and Justice) rendered April 3, 2000, and resentencing him to concurrent terms of 2 to 6 years, unanimously affirmed.
Christopher Wilson, for respondent.
Dayna Ferebee, for defendant-appellant.
Before: Mazzarelli, J.P., Andrias, Saxe, Ellerin, Williams, JJ.
Defendant expressly waived his right to a violation of probation hearing, and his admissions provided the factual basis for the revocation of his probation (CPL 410.70). The record establishes that defendant was resentenced on the basis of a suitably updated presentence report.
To the extent that the present record permits review, it clearly demonstrates that defendant received meaningful representation (see People v. Benevento, 91 N.Y.2d 708, 713-714; People v. Ford, 86 N.Y.2d 397, 404). Defense counsel provided the resentencing court with all of the available information that could be helpful to defendant. We note that defendant's failure to comply with the terms of his probation was particularly flagrant and egregious.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.