People v. Aldrich
This text of 286 A.D.2d 900 (People v. Aldrich) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
—Judgment unanimously affirmed. Memorandum: By failing to move to set aside his admission to a violation of probation or vacate the judgment of conviction, defendant failed to preserve for our review his contention that County Court erred in failing to elicit a recitation of the facts underlying his admission (see, People v Lopez, 71 NY2d 662, 665). Nor does this case fall within the narrow exception to the preservation doctrine (see, People v Toxey, 86 NY2d 725, 725-726, rearg denied 86 NY2d 839). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Steuben County Court, Bradstreet, J. — Violation of Probation.) Present — Pigott, Jr., P. J., Green, Pine, Scudder and Lawton, JJ.
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Cite This Page — Counsel Stack
286 A.D.2d 900, 730 N.Y.S.2d 900, 2001 N.Y. App. Div. LEXIS 9062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aldrich-nyappdiv-2001.