Opinion
Filed May 10, 2000.
Appeal from Judgment of Onondaga County Court, Fahey, J. — Violation of Probation.
Judgment unanimously affirmed.
Present: GREEN, J. P., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.
Memorandum:
On appeal from a judgment revoking his sentence of probation and sentencing him to a term of 1 to 4 years of incarceration, defendant contends that his admission is insufficient as a matter of law to support a finding that he violated his probation. By failing to move to withdraw his admission, however, defendant failed to preserve that contention for our review ( see, People v. LaLonde, 178 A.D.2d 944, 945, lv denied 79 N.Y.2d 1003; see also, People v. Hunter, 194 A.D.2d 628; People v. Lombardo, 108 A.D.2d 873, 874), and we decline to exercise our power to review it as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]; People v. Lombardo, supra, at 874).