| People v Decker |
| 2011 NY Slip Op 02897 [83 AD3d 731] |
| April 5, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Michael Decker, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller ofcounsel), for respondent.
Appeal by the defendant from an amended judgment of the County Court, Dutchess County(Hayes, J.), rendered September 8, 2008, revoking a sentence of probation previously imposed bythe same court under superior court information No. 271/05, upon a finding that he had violatedconditions thereof, upon his admission, and imposing a sentence of imprisonment upon hisprevious conviction of possessing a sexual performance by a child.
Ordered that the amended judgment is affirmed.
The defendant failed to preserve for appellate review his claim that his admission to violatingconditions of his probation was not voluntary because the County Court failed to conduct asufficient inquiry as to whether he fully understood the nature and consequences of his admission(see People v Pellegrino, 60 NY2d 636 [1983]; People v Quiman, 71 AD3d 921 [2010]; People v Scott, 39 AD3d 570, 571[2007]). In any event, the defendant knowingly, voluntarily, and intelligently admitted toviolating conditions of his probation (see People v Royster, 40 AD3d 885, 886-887 [2007]; People v Ramirez, 29 AD3d 1022[2006]).
Moreover, the defendant's challenge to the voluntariness of his admission based upon thealleged ineffectiveness of his attorney is not supported by the record.
Since "the defendant admitted to the violation[s] of probation with a full understanding thathe would receive the term of imprisonment actually imposed at the time of resentencing,. . . he has no basis now to complain that his [resentence] was excessive" (People v Grzywaczewski, 61 AD3d699, 700 [2009] [internal quotation marks omitted]; see People v Delpesce, 68 AD3d 1131 [2009]; People v Trias, 50 AD3d 828,828-829 [2008]). In any event, the resentence was not excessive (see People v Hobson, 43 AD3d1179, 1180 [2007]; People vCostanza, 36 AD3d 829, 830 [2007]; People v Suitte, 90 AD2d 80 [1982]).Skelos, J.P., Covello, Eng, Chambers and Sgroi, JJ., concur.