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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEVEN T. CARLISLE, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of sexual abuse in the first degree (Penal Law § 130.65[3] ) and sentencing him to a definite term of imprisonment. Defendant contends that his admission to the violation of probation was not voluntary, but “[b]y 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 that contention for our review (People v. Rodriguez, 74 AD3d 1858, 1858, lv denied 15 NY3d 809; see People v. Torres, 294 A.D.2d 865, 865, lv denied 99 N.Y.2d 540; see generally People v. Lopez, 71 N.Y.2d 662, 665–666). This case does not fall within the narrow exception to the preservation doctrine (see Lopez, 71 N.Y.2d at 666), and we decline to exercise our power to review defendant's contention as a matter of discretion in the interest of justice (see CPL 470.15[3][c] ). Inasmuch as the contentions of defendant in his pro se supplemental brief relate solely to the validity of his plea of guilty to the underlying crime of sexual abuse in the first degree and the original sentence of probation, those contentions are not properly before us (see People v. Prokopienko, 72 AD3d 1528, 1529; People v. Ralston, 303 A.D.2d 1010, 1011; see generally People v. Smith, 21 AD3d 1360, 1360, lv denied 5 NY3d 885; People v. Luddington, 5 AD3d 1042, 1042, lv denied 3 NY3d 643).
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 13–01080
Decided: September 26, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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