Opinion
2015–10699 Ind. No. 2296/14
06-26-2019
The PEOPLE, etc., Respondent, v. Michael MESTRIC, also known as AOE, Appellant.
Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi, and Kayonia L. Whetstone of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi, and Kayonia L. Whetstone of counsel), for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, VALERIE BRATHWAITE, NELSON LINDA, CHRISTOPHER, JJ.
DECISION & ORDER Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Robert Schwartz, J.), rendered August 7, 2015, revoking a sentence of probation previously imposed by the same court (Barry Kron, J.), upon a finding that the defendant violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous convictions of criminal mischief in the second degree and criminal mischief in the third degree (four counts).
ORDERED that the amended judgment is affirmed.
A court may not revoke a sentence of probation without finding that the defendant has violated a condition of the sentence and affording the defendant an opportunity to be heard (see CPL 410.70[1] ). The statutory requirements may be satisfied either by conducting a revocation hearing pursuant to CPL 410.70(3) (see People v. Lora, 162 A.D.2d 719, 559 N.Y.S.2d 643 ), or through an admission by the defendant of the violation, coupled with a proper waiver of the defendant's right to a hearing (see People v. McDevitt, 97 A.D.3d 1039, 1040, 948 N.Y.S.2d 768 ). The defendant's contention that the procedure surrounding the admission to his violation of a condition of a previously imposed sentence of probation rendered the admission invalid is unpreserved for appellate review (see People v. Williams, 27 N.Y.3d 212, 32 N.Y.S.3d 17, 51 N.E.3d 528 ; People v. Nahshal, 146 A.D.3d 817, 45 N.Y.S.3d 142 ; People v. Heine, 122 A.D.3d 644, 994 N.Y.S.2d 546 ; People v. Quiman, 71 A.D.3d 921, 895 N.Y.S.2d 870 ), and we decline to reach it in the exercise of our interest of justice jurisdiction (see CPL 470.15[6] ; People v. Hazel, 145 A.D.3d 797, 42 N.Y.S.3d 358 ).
DILLON, J.P., LEVENTHAL, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.