People v. Knowles

244 A.D.2d 425, 664 N.Y.S.2d 69, 1997 N.Y. App. Div. LEXIS 11267

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 10, 1997
• Status: Published

Opinion

—Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Spires, J.), rendered November 6, 1996, revoking a sentence of probation previously imposed by the same court, upon a finding that she violated a condition thereof, upon her admission, and imposing a sentence of imprisonment upon her conviction of robbery in the first degree, upon her plea of guilty.

Ordered that the amended judgment is affirmed.

At the time she admitted to her second violation of probation, the defendant was promised a sentence of continued probation on condition that she register with a residential drug treatment program before the sentencing date, and was not rearrested pending sentence. The court indicated that if the defendant failed to comply with these conditions, it would impose a term of incarceration. The defendant failed to report to her probation officer, failed to register with a residential drug treatment program, and failed to appear for sentencing. She was thereafter arrested pursuant to a bench warrant.

Prior to the imposition of sentence, the defendant was given an opportunity to explain her earlier initial failure to appear, and she was unable to give a plausible explanation (see, People v Outley, 80 NY2d 702). Contrary to the defendant’s contention, the court did not err in declining to hold a hearing to inquire into her conclusory claim that she attempted to register with a residential drug treatment program (see, CPL 400.10), and properly imposed a sentence of incarceration. Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.