| People v Rodriguez |
| 2010 NY Slip Op 05187 [74 AD3d 1858] |
| June 11, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JuanRodriguez, Appellant. |
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Appeal from a judgment of the Onondaga County Court (Jeffery R. Merrill, A.J.), renderedJune 15, 2004. 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 that revoked the sentence of probationimposed upon his conviction of criminal possession of a controlled substance in the fourthdegree (Penal Law § 220.09 [1]) and sentenced him to an indeterminate term ofimprisonment. By failing to move to withdraw his admission to the violation of probation or tovacate the judgment revoking the sentence of probation on that ground, defendant failed topreserve for our review his contention that the admission was not voluntary (see People v Obbagy, 56 AD3d1223 [2008], lv denied 11 NY3d 928 [2009]; People v Fontanez, 19 AD3d 1070 [2005], lv denied 5NY3d 788 [2005]; see generally People v Lopez, 71 NY2d 662, 665 [1988]). This casedoes not fall within the narrow exception to the preservation doctrine set forth in Lopez(71 NY2d at 666). The sentence is not unduly harsh or severe. Present—Martoche, J.P.,Fahey, Carni, Sconiers and Green, JJ.