People v Hare |
2013 NY Slip Op 06406 [110 AD3d 1117] |
October 3, 2013 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Tara A. Hare, Appellant. |
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Kristy L. Sprague, District Attorney, Elizabethtown (Brian W. Felton of counsel), for
respondent.
Spain, J. Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered March 29, 2012, which revoked defendant's probation and imposed a sentence of imprisonment.
In March 2011, defendant pleaded guilty to criminal mischief in the third degree and
was sentenced to five years of probation. Subsequently, defendant was charged with
violating three conditions of her probation, including leaving the jurisdiction without
consent, when it became known that she had relocated to New Jersey. Defendant
thereafter pleaded guilty to that specific violation and, although County Court made no
commitment as to sentence, she waived her right to appeal during the colloquy and in
writing in open court. The court subsequently revoked defendant's probation and
resentenced her to 1
We affirm. Insofar as the record does not demonstrate that defendant moved to
withdraw her plea or vacate the judgment of conviction, her claim that her guilty plea
was not knowing, intelligent and voluntary is unpreserved for this Court's review (see People v Cogswell, 94
AD3d 1236, 1237 [2012], lv denied 19 NY3d 958 [2012]; People v Miller, 90 AD3d
1416, 1416-1417 [2011], lv denied 18 NY3d 960 [2012]). Even were we to
address the merits of defendant's contention, the record demonstrates that during her
lengthy colloquy with County Court, she acknowledged that she had ample time to
confer with counsel about possible defenses [*2]and the
consequences of her admission and she indicated that she was satisfied with her
representation; she was advised that she was giving up her right to a hearing and that the
People were required to prove that she had violated her probation. She was also given
notice that she could be sentenced to a prison term of up to 1
Rose, J.P., Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.