| People v Carlisle |
| 2014 NY Slip Op 06474 [120 AD3d 1607] |
| September 26, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vSteven T. Carlisle, Appellant. |
Davison Law Office PLLC, Canandaigua (Mary P. Davison of counsel), fordefendant-appellant.
Steven T. Carlisle, defendant-appellant pro se.
Cindy F. Intschert, District Attorney, Watertown (Patricia L. Dziuba of counsel), forrespondent.
Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.),rendered May 31, 2013. The judgment revoked defendant's sentence of probation andimposed a sentence of imprisonment.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence ofprobation previously imposed upon his conviction of sexual abuse in the first degree(Penal Law § 130.65 [3]) and sentencing him to a definite term ofimprisonment. Defendant contends that his admission to the violation of probation wasnot voluntary, but "[b]y failing to move to withdraw his admission to the violation ofprobation or to vacate the judgment revoking the sentence of probation on that ground,"defendant failed to preserve that contention for our review (People v Rodriguez, 74 AD3d1858, 1858 [2010], lv denied 15 NY3d 809 [2010]; see People vTorres, 294 AD2d 865, 865 [2002], lv denied 99 NY2d 540 [2002]; seegenerally People v Lopez, 71 NY2d 662, 665-666 [1988]). This case does not fallwithin the narrow exception to the preservation doctrine (see Lopez, 71 NY2d at666), and we decline to exercise our power to review defendant's contention as a matterof discretion in the interest of justice (see CPL 470.15 [3] [c]). Inasmuch as thecontentions of defendant in his pro se supplemental brief relate solely to the validity ofhis plea of guilty to the underlying crime of sexual abuse in the first degree and theoriginal sentence of probation, those contentions are not properly before us (see People v Prokopienko, 72AD3d 1528, 1529 [2010]; People v Ralston, 303 AD2d 1010, 1011 [2003];see generally People vSmith, 21 AD3d 1360, 1360 [2005], lv denied 5 NY3d 885 [2005]; People v Luddington, 5 AD3d1042, 1042 [2004], lv denied 3 NY3d 643 [2004]). Present—Centra,J.P., Fahey, Whalen and DeJoseph, JJ.