| People v Randall |
| 2008 NY Slip Op 00802 [48 AD3d 1080] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Curt Randall,Appellant. |
—[*1] Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), forrespondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), renderedDecember 7, 2006. The judgment revoked defendant's sentence of probation and imposed asentence of imprisonment.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant was convicted upon his plea of guilty of grand larceny in thefourth degree (Penal Law § 155.30), and he now appeals from a judgment revoking thesentence of probation imposed upon that conviction and sentencing him to a term ofimprisonment. Defendant admitted that he violated the conditions of probation, and CountyCourt agreed to impose a sentence of one year in jail provided that defendant comply withspecified conditions. Upon determining at sentencing that defendant had violated certain of thoseconditions, the court imposed an enhanced sentence. Defendant concedes that he failed topreserve for our review his present contention that the court erred in failing to advise him of theright to a hearing with respect to the alleged violations of probation before he entered hisadmission to those violations and, in any event, the record belies that contention. Defendant'sfurther contention that the court improperly disregarded a factual dispute with respect todefendant's alleged violations of probation also is unsupported by the record.
Finally, we reject defendant's contention concerning the severity of the enhanced sentence.Present—Scudder, P.J., Martoche, Peradotto, Pine and Gorski, JJ.