PEOPLE v. CARNCROSS (2008)

Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of grand larceny in the fourth degree (Penal Law § 155.30[4] ) and sentencing him to a term of imprisonment.   Defendant failed to preserve for our review his contention that his admission to the violation of probation was inadequate inasmuch as he failed to move to withdraw his admission or to vacate the judgment revoking his sentence of probation on that ground (see People v. Barra, 45 A.D.3d 1393, 844 N.Y.S.2d 795;  People v. Fontanez, 19 A.D.3d 1070, 1070-1071, 796 N.Y.S.2d 280, lv. denied 5 N.Y.3d 788, 801 N.Y.S.2d 809, 835 N.E.2d 669).   To the extent that the further contention of defendant that he was denied effective assistance of counsel survives his admission, we conclude that he failed to preserve his contention for our review (see Barra, 45 A.D.3d 1393, 844 N.Y.S.2d 795;  People v. Fairman, 38 A.D.3d 1346, 832 N.Y.S.2d 703, lv. denied 9 N.Y.3d 865, 840 N.Y.S.2d 894, 872 N.E.2d 1200).   In any event, that contention lacks merit (see generally People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: