| People v Carncross |
| 2008 NY Slip Op 00919 [48 AD3d 1187] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JamesCarncross, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), renderedJune 14, 2006. The judgment revoked defendant's sentence of probation and imposed a sentenceof imprisonment.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence of probationimposed upon his conviction of grand larceny in the fourth degree (Penal Law § 155.30[4]) and sentencing him to a term of imprisonment. Defendant failed to preserve for our reviewhis contention that his admission to the violation of probation was inadequate inasmuch as hefailed to move to withdraw his admission or to vacate the judgment revoking his sentence ofprobation on that ground (see People vBarra, 45 AD3d 1393 [2007];People v Fontanez, 19 AD3d 1070, 1070-1071 [2005], lv denied 5 NY3d 788[2005]). To the extent that the further contention of defendant that he was denied effectiveassistance of counsel survives his admission, we conclude that he failed to preserve hiscontention for our review (see Barra, 45 AD3d 1393 [2007]; People v Fairman, 38 AD3d 1346[2007], lv denied 9 NY3d 865 [2007]). In any event, that contention lacks merit (seegenerally People v Ford, 86 NY2d 397, 404 [1995]). Present—Gorski, J.P., Martoche,Smith, Centra and Green, JJ.