People v. Woods

Full title: PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JOHN WOODS…

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

Date published: Mar 21, 2001

281 A.D.2d 929 (N.Y. App. Div. 2001)

721 N.Y.S.2d 851

Opinion

March 21, 2001.

Appeal from Judgment of Monroe County Court, Dattilo, Jr., J. — Violation of Probation.

PRESENT: PIGOTT, JR., P. J., HAYES, SCUDDER, BURNS AND LAWTON, JJ.

Judgment unanimously affirmed.

Memorandum:

By failing to move either to withdraw his plea of guilty to a violation of probation or to vacate the judgment of conviction, defendant failed to preserve for our review his present contention that the plea was not voluntary ( see, People v. Millard, 279 A.D.2d 807 [decided Jan. 18, 2001]; People v. Bryant, 262 A.D.2d 791). In any event, the record supports the conclusion that the plea was voluntary ( see, People v. Millard, supra; cf., People v. Bryant, supra). The sentence is neither unduly harsh nor severe.