People v. Smith

Nov 2, 1998
Versions:255 A.D.2d 343
681 N.Y.S.2d 548
1998 N.Y. App. Div. LEXIS 11550

—Appeal by the defendant from an amended judgment of the County Court, Orange County (Paño Z. Patsalos, J.), rendered May 29, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty.

Ordered that the amended judgment is affirmed.

The defendant knowingly and voluntarily admitted to a violation of probation (see, People v Harris, 61 NY2d 9; People v Nixon, 21 NY2d 338, cert denied sub nom. Robinson v New York, 393 US 1067). The court properly adjudicated the defendant to be in violation of probation based upon his admission (see, CPL 410.70; People v Hunter, 194 AD2d 628; People v Pons, 134 AD2d 378). Contrary to the defendant’s contention, an admission to a violation of probation does not require a waiver of the full panoply of constitutional rights that are waived by reason of a guilty plea to a criminal offense (see, People v Hunter, supra; People v Keemer, 186 AD2d 586; People v Lombardo, 108 AD2d 873). Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.