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People v. Knapp

272 A.D.2d 966 Court N.Y. App. Div. Decision date 2000-05-10 English

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p. 966
The People of the State of New York, Respondent, v Richard D. Knapp, Appellant.
[708 NYS2d 686]

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment revoking his sentence of probation and sentencing him to a term of l1/3 to 4 years of incarceration, defendant contends that his admission is insufficient as a matter of law to support a finding that he violated his probation. By failing to move to withdraw his admission, however, defendant failed to preserve that contention for our review (see, People v LaLonde, 178 AD2d 944 , 945, lv denied 79 NY2d 1003 ; see also, People v Hunter, 194 AD2d 628 ; People v Lombardo, 108 AD2d 873 , 874), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]; People v Lombardo, supra, at 874 ). (Appeal from Judgment of Onondaga County Court, Fahey, J. — Violation of Probation.) Present — Green, J. P., Wisner, Hurlbutt, Kehoe and Lawton, JJ.