Opinion
02-02-2024
The PEOPLE of the State of New York, Respondent, v. Seth D. CUMMINGS, Defendant-Appellant.
CHARLES D. STEINMAN, ESQ., PLLC, FAIRPORT (CHARLES D. STEINMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Jefferson County Court (David A. Renzi, J.), rendered June 22, 2022. The judgment convicted defendant, upon a plea of guilty, of grand larceny in the fourth degree.
CHARLES D. STEINMAN, ESQ., PLLC, FAIRPORT (CHARLES D. STEINMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., BANNISTER, NOWAK, DELCONTE, AND KEANE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of grand larceny in the fourth degree (Penal Law § 155.30 [1]). County Court initially imposed a term of interim probation (see CPL 390.30 [6]), but the court subsequently revoked the interim probation and sentenced defendant to a term of incarceration. Defendant contends that the court failed to conduct a sufficient inquiry before determining that he violated the conditions of his interim probation and thereby revoked his interim probation in violation of his statutory and due process rights. Defendant failed to preserve that contention for our review (see CPL 470.05 [2]; People v. Benjamin-Foster, 215 A.D.3d 1277, 1277-1278, 188 N.Y.S.3d 292 [4th Dept. 2023], lv denied 40 N.Y.3d 927, 192 N.Y.S.3d 495, 213 N.E.3d 637 [2023]; People v. Baxter, 185 A.D.3d 1452, 1452, 125 N.Y.S.3d 600 [4th Dept. 2020], lv denied 35 N.Y.3d 1092, 131 N.Y.S.3d 289, 155 N.E.3d 782 [2020]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]; Benjamin-Foster, 215 A.D.3d at 1278, 188 N.Y.S.3d 292; Baxter, 185 A.D.3d at 1452, 125 N.Y.S.3d 600).