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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 343 (N.Y. App. Div. 1998)

Opinion

November 2, 1998

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the amended judgment is affirmed.

The defendant knowingly and voluntarily admitted to a violation of probation ( see, People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v. New York, 393 U.S. 1067). The court properly adjudicated the defendant to be in violation of probation based upon his admission ( see, CPL 410.70; People v. Hunter, 194 A.D.2d 628; People v. Pons, 134 A.D.2d 378). Contrary to the defendant's contention, an admission to a violation of probation does not require a waiver of the full panoply of constitutional rights that are waived by reason of a guilty plea to a criminal offense ( see, People v. Hunter, supra; People v. Keemer, 186 A.D.2d 586; People v. Lombardo, 108 A.D.2d 873).

Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 343 (N.Y. App. Div. 1998)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEVILLE SMITH…

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

Date published: Nov 2, 1998

Citations

255 A.D.2d 343 (N.Y. App. Div. 1998)
681 N.Y.S.2d 548

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