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People v. Shelby

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1999
267 A.D.2d 482 (N.Y. App. Div. 1999)

Opinion

Submitted November 24, 1999

December 27, 1999

Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Corso, J.), rendered September 15, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal sale of a controlled substance in the third degree.

Andrew Schatkin, Jericho, N.Y., for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Susan I. Braitman of counsel), for respondent.

GUY JAMES MANGANO, P.J., DAVID S. RITTER, DANIEL W. JOY, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the amended judgment is affirmed.

The defendant's claim regarding the voluntariness of his admission to a violation of probation is not preserved for appellate review (see, People v. Lopez, 71 N.Y.2d 662, 665-666 ; People v. Pellegrino, 60 N.Y.2d 636 ). In any event, the record establishes that he knowingly and voluntarily pleaded guilty to the violation of probation, and that the proceedings were in substantial conformity with the requirements of CPL 410.70 (see, People v. Harris, 61 N.Y.2d 9).

The defendant's remaining contentions are without merit.

MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.


Summaries of

People v. Shelby

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1999
267 A.D.2d 482 (N.Y. App. Div. 1999)
Case details for

People v. Shelby

Case Details

Full title:THE PEOPLE, etc., respondent, v. HAROLD SHELBY, appellant. (Ind. No…

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

Date published: Dec 27, 1999

Citations

267 A.D.2d 482 (N.Y. App. Div. 1999)
700 N.Y.S.2d 843

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