PEOPLE v. SMITH


146 A.D.2d 656 (1989)

The People of the State of New York, Respondent, v. William Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 17, 1989


Ordered that the amended judgment is affirmed.

The defendant's challenge to the sufficiency of his plea allocution has not been preserved for appellate review since he did not seek to withdraw his plea at any time prior to sentencing (see, People v Pellegrino, 60 N.Y.2d 636).

In any event, under the circumstances herein, the court properly adjudicated the defendant in violation of probation based upon his plea...

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