People v. Shelby

Appellate Division of the Supreme Court of New York

People v. Shelby

267 A.D.2d 482, 700 N.Y.S.2d 843, 1999 N.Y. App. Div. LEXIS 13279

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 27, 1999

StatusPublished

Cited by3 cases

This text of 267 A.D.2d 482 (People v. Shelby) 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.

Bluebook

People v. Shelby, 267 A.D.2d 482, 700 N.Y.S.2d 843, 1999 N.Y. App. Div. LEXIS 13279 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Corso, J.), rendered September 15, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal sale of a controlled substance in the third degree.

Ordered that the amended judgment is affirmed.

The defendant’s claim regarding the voluntariness of his admission to a violation of probation is not preserved for appellate review (see, People v Lopez, 71 NY2d 662, 665-666; People v Pellegrino, 60 NY2d 636). In any event, the record establishes that he knowingly and voluntarily pleaded guilty to the violation of probation, and that the proceedings were in substantial conformity with the requirements of CPL 410.70 (see, People v Harris, 61 NY2d 9).

The defendant’s remaining contentions are without merit. Mangano, P. J., Ritter, Joy, McGinity and Smith, JJ., concur.

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—Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Corso, J.), rendered September 15, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal sale of a controlled substance in the third degree.

Ordered that the amended judgment is affirmed.

The defendant’s claim regarding the voluntariness of his admission to a violation of probation is not preserved for appellate review (see, People v Lopez, 71 NY2d 662, 665-666; People v Pellegrino, 60 NY2d 636). In any event, the record establishes that he knowingly and voluntarily pleaded guilty to the violation of probation, and that the proceedings were in substantial conformity with the requirements of CPL 410.70 (see, People v Harris, 61 NY2d 9).

The defendant’s remaining contentions are without merit. Mangano, P. J., Ritter, Joy, McGinity and Smith, JJ., concur.

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Bluebook (online)

267 A.D.2d 482, 700 N.Y.S.2d 843, 1999 N.Y. App. Div. LEXIS 13279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shelby-nyappdiv-1999.

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