Opinion
2003-05459.
May 9, 2005.
Appeal by the defendant from an amended judgment of the County Court, Orange County (DeRosa, J.), rendered June 13, 2003, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal sale of a controlled substance in the third degree.
Before: Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.
Ordered that the amended judgment is affirmed.
The defendant's claim regarding the voluntariness of his admission to a violation of probation is unpreserved for appellate review ( see People v. Pellegrino, 60 NY2d 636; People v. Melvin, 274 AD2d 435; People v. Shelby, 267 AD2d 482; People v. Tavares, 197 AD2d 552). In any event, the record established that he knowingly and voluntarily admitted to the violation of probation ( see People v. Melvin, supra; People v. Shelby, supra).
Furthermore, the County Court providently exercised its discretion in failing to, sua sponte, order a competency hearing ( see CPL 730.30; People v. Tortorici, 92 NY2d 757, cert denied 528 US 834; People v. Gelikkaya, 84 NY2d 456, 459; People v. Armlin, 37 NY2d 167, 171; People v. Graham, 272 AD2d 479).
We have considered the defendant's contention that his negotiated sentence was excessive and find it to be without merit ( see People v. Broadie, 37 NY2d 100, cert denied 423 US 950; People v. Kazepis, 101 AD2d 816; People v. Suitte, 90 AD2d 80).