Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Ray Tavares, Appellant
197 A.D.2d 552604 N.Y.S.2d 739·New York Supreme Court, Appellate Division·1993·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York, Respondent, v Ray Tavares, Appellant.
[604 NYS2d 739]
[MAJORITY]
—Appeal by the defendant from an amended judgment of the Supreme Court, Richmond County (KufFner, J.), rendered October 15, 1991, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal sale of a controlled substance in the third degree.
Ordered that the amended judgment is affirmed.
The defendant’s claim regarding the voluntariness of his admission to a violation of probation is not preserved for appellate review (see, People v Pellegrino, 60 NY2d 636). In any event, the record establishes that defendant knowingly and voluntarily pleaded guilty to a violation of probation (see, People v Harris, 61 NY2d 9), and the proceedings were in substantial conformity with the requirements of CPL 410.70. Mangano, P. J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.