THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JUAN RODRIGUEZ DEFENDANT APPELLANT (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JUAN RODRIGUEZ, DEFENDANT-APPELLANT.

KA 07-01177

Decided: June 11, 2010

PRESENT: MARTOCHE, J.P., FAHEY, CARNI, SCONIERS, AND GREEN, JJ.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRENTON P. DADEY OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment that revoked the sentence of probation imposed upon his conviction of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09[1] ) and sentenced him to an indeterminate term of imprisonment. By failing to move to withdraw his admission to the violation of probation or to vacate the judgment revoking the sentence of probation on that ground, defendant failed to preserve for our review his contention that the admission was not voluntary (see People v. Obbagy, 56 AD3d 1223, lv denied 11 NY3d 928; People v. Fontanez, 19 AD3d 1070, lv denied 5 NY3d 788; see generally People v. Lopez, 71 N.Y.2d 662, 665). This case does not fall within the narrow exception to the preservation doctrine set forth in Lopez (71 N.Y.2d at 666). The sentence is not unduly harsh or severe.

Patricia L. Morgan

Clerk of the Court

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