| People v Beauvais |
| 2012 NY Slip Op 09104 [101 AD3d 1488] |
| December 27, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JonelBeauvais, Appellant. |
—[*1] Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), forrespondent.
Egan Jr., J. Appeal from a judgment of the County Court of Franklin County (Main Jr., J.),rendered May 9, 2011, which revoked defendant's probation and imposed a sentence ofimprisonment.
Defendant pleaded guilty to criminal possession of marihuana in the first degree and, inJanuary 2007, was sentenced to five years of probation. The terms of defendant's probationincluded, insofar as is relevant here, a directive that she refrain from "violat[ing] any state,federal or municipal laws." Following her participation in a home invasion, defendant wasindicted and charged with burglary in the first degree, assault in the third degree and criminalmischief in the third degree. At the conclusion of the ensuing jury trial, defendant was convictedof all counts.
County Court thereafter conducted a violation of probation hearing, during the course ofwhich the court took judicial notice of, among other things, defendant's recent criminalconviction. As a result, defendant was found to have violated the terms of her probation, and shethereafter was sentenced to 2½ years in prison followed by two years of postreleasesupervision. This appeal ensued.
We affirm. To the extent that defendant contends that the asserted delay in issuing thedeclaration of delinquency deprived her of a prompt hearing (see CPL 410.30, 410.70[1]), her [*2]failure to raise this issue at the violation hearingrenders it unpreserved for our review (see People v Mills, 45 AD3d 892, 894 [2007], lv denied 9NY3d 1036 [2008]; People vWilliams, 19 AD3d 868, 869 [2005]). Turning to the merits, the People bore the burdenof proving—by a preponderance of the evidence—that defendant violated acondition of her probation (see CPL 410.70 [3]; People v Hunter, 62 AD3d 1207, 1208 [2009]). A court may, asCounty Court did here, take judicial notice of its own prior proceedings (see People v Byrd, 57 AD3d 442,443 [2008], lv dismissed and denied 12 NY3d 795 [2009]), and defendant's underlyingcriminal conviction was more than sufficient to establish that she violated a condition of herprobation (see CPL 410.10 [2]; People v Minard, 161 AD2d 607, 607 [1990],lv denied 76 NY2d 861 [1990]). Defendant's remaining contentions, to the extent notspecifically addressed, have been examined and found to be lacking in merit.
Peters, P.J., Spain, Kavanagh and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.