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People v. Woodworth

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 864 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Judgment of Oswego County Court, Hafner, Jr., J. — Violation of Probation.

PRESENT: PIGOTT, JR., P. J., GREEN, HAYES, WISNER AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that County Court improperly placed him on interim probation by adjourning sentencing and continuing the terms of his original probationary sentence after accepting his admission to the violation of probation ( see, People v LaLonde, 178 A.D.2d 944, 944-945, lv denied 79 N.Y.2d 1003; cf., People v. Rodney E., 77 N.Y.2d 672). Defendant further contends that the court improperly revoked his probation and sentenced him to a term of incarceration based upon the unsubstantiated hearsay allegations of his probation officer. Defendant did not challenge any of those allegations prior to sentencing, however, and thus failed to preserve his contention for our review ( see, People v Miles, 268 A.D.2d 489, 490, lv denied 95 N.Y.2d 800; cf., People v McClemore, 276 A.D.2d 32 [decided Nov. 13, 2000]). The sentence is not unduly harsh or severe.


Summaries of

People v. Woodworth

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 864 (N.Y. App. Div. 2000)
Case details for

People v. Woodworth

Case Details

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

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 864 (N.Y. App. Div. 2000)
718 N.Y.S.2d 689

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