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People v. Tavares

197 A.D.2d 552 Court N.Y. App. Div. Decision date 1993-10-04 English

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p. 552
The People of the State of New York, Respondent, v Ray Tavares, Appellant.
[604 NYS2d 739]

—Appeal by the defendant from an amended judgment of the Supreme Court, Richmond County (KufFner, J.), rendered October 15, 1991, 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 attempted 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 Pellegrino, 60 NY2d 636 ). In any event, the record establishes that defendant knowingly and voluntarily pleaded guilty to a violation of probation (see, People v Harris, 61 NY2d 9 ), and the proceedings were in substantial conformity with the requirements of CPL 410.70. Mangano, P. J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

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