| People v Barra |
| 2007 NY Slip Op 08644 [45 AD3d 1393] |
| November 9, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Frank N.Barra, Appellant. |
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Appeal from a judgment of the Steuben County Court (Peter C. Bradstreet, J.), renderedJanuary 9, 2006. The judgment revoked defendant's sentence of probation and imposed asentence of imprisonment.
It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed.
Memorandum: Defendant was convicted upon his plea of guilty of driving while abilityimpaired by drugs (Vehicle and Traffic Law § 1192 [4]) and was sentenced to a term ofprobation. He subsequently admitted that he violated a condition of probation and now appealsfrom a judgment revoking his sentence of probation and imposing a sentence of imprisonment.Defendant failed to preserve for our review his contention that the admission was not voluntaryinasmuch as he failed to move to withdraw his admission to the violation of probation or tovacate the judgment revoking his sentence of probation on that ground (see People v Fontanez, 19 AD3d1070, 1070-1071 [2005], lv denied 5 NY3d 788 [2005]), and this case does not fallwithin the narrow exception to the preservation doctrine (see generally People v Lopez,71 NY2d 662, 666 [1988]; see Fontanez, 19 AD3d at 1071). To the extent that thecontention of defendant that he was denied effective assistance of counsel survives hisadmission, we conclude that defendant failed to preserve his contention for our review (see People v Fairman, 38 AD3d1346 [2007], lv denied 9 NY3d 865 [2007]). In any event, defendant's contentionlacks merit (see generally People v Ford, 86 NY2d 397, 404 [1995]). Finally, thesentence is not unduly harsh or severe. Present—Scudder, P.J., Hurlbutt, Smith, Fahey andPine, JJ.