| People v Cerone |
| 2010 NY Slip Op 06110 [75 AD3d 835] |
| July 15, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Jill MaryannCerone, Appellant. |
—[*1] Andrew J. Wylie, District Attorney, Plattsburgh (Chantelle Schember of counsel), forrespondent.
Mercure, J.P. Appeal from a judgment of the County Court of Clinton County (Ryan, J.),rendered November 18, 2008, which revoked defendant's probation and imposed a sentence ofimprisonment.
In April 2007, following her conviction of criminal possession of a forged instrument in thesecond degree, defendant was sentenced to a five-year period of probation. In June 2008, aviolation of probation petition was filed, and defendant subsequently admitted that she violatedthe terms of her probation by consuming alcohol. County Court withheld resentencing andcontinued defendant's probation, dependent upon her qualification for admission into a drugcourt treatment program. While the application for admission was pending, defendant allegedlyviolated the terms of her probation at least twice, resulting in the drug court team denying herapplication. County Court thereafter revoked defendant's probation and resentenced her to a termof 2 to 6 years in prison. Defendant now appeals.
We affirm. Defendant's failure to move to withdraw her plea of guilty to the violationpetition or vacate the judgment of conviction renders her challenge to the voluntariness of herplea unpreserved for our review (seePeople v Diaz, 26 AD3d 644, 645 [2006], lv denied 7 NY3d 755 [2006];People v Banks, 305 AD2d 812, 812 [2003], lv denied 100 NY2d 578 [2003]).[*2]Furthermore, her contention that County Court erred indeclining to order a second presentence report is similarly unpreserved in light of her failure torequest an updated report or move to vacate resentencing (see People v Sander, 47 AD3d 1012, 1013 [2008], lvdenied 10 NY3d 844 [2008]; People v Henkel, 37 AD3d 873, 873 [2007], lv denied 8NY3d 985 [2007]). Finally, having reviewed the record, we discern neither an abuse ofdiscretion by County Court nor extraordinary circumstances warranting a reduction in thesentence (see People v Carter, 59AD3d 750, 750 [2009]; People vCruz, 53 AD3d 986, 986 [2008]).
Peters, Spain, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.