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People v. Aldrich

286 A.D.2d 900 Court N.Y. App. Div. Decision date 2001-09-28 English

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p. 900
The People of the State of New York, Respondent, v Dean Aldrich, Appellant.
[730 NYS2d 900]

—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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