Opinion
2015–08771 Ind.No. 13–00298
12-27-2017
The PEOPLE, etc., respondent, v. Katia WEST, appellant.
Philip H. Schnabel, Chester, NY, for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Andrew R. Kass of counsel), for respondent.
Philip H. Schnabel, Chester, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Andrew R. Kass of counsel), for respondent.
WILLIAM F. MASTRO, J.P., L. PRISCILLA HALL, JEFFREY A. COHEN, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from an amended judgment of the County Court, Orange County (DeRosa, J.), rendered August 17, 2015, revoking a sentence of probation previously imposed by the same court (Berry, J.), upon a finding that she had violated a condition thereof, upon her admission, and imposing a sentence of imprisonment upon her previous conviction of criminal mischief in the second degree.
ORDERED that the amended judgment is affirmed.
The defendant's contention that she was deprived of her right to due process of law when the County Court failed to hold a hearing with respect to her postadmission arrest is unpreserved for appellate review, since she did not request a hearing, object to the adequacy of the inquiry conducted by the court, or move to withdraw her admission (see People v. Cousar, 128 A.D.3d 716, 9 N.Y.S.3d 96 ; People v. Benn, 23 A.D.3d 574, 806 N.Y.S.2d 211 ). In any event, the record demonstrates that the defendant violated the conditions of her probation that she complete 200 community service hours, pay restitution, participate in alcohol, chemical dependency, and mental health evaluations, and attend alcohol and substance abuse treatment. Based on these violations, the court properly imposed an enhanced sentence for the defendant's conviction of criminal mischief in the second degree (see People v. Cisneros, 43 A.D.3d 471, 471–472, 840 N.Y.S.2d 539 ; People v. Benn, 23 A.D.3d at 574–575, 806 N.Y.S.2d 211 ; People v. Guerra, 291 A.D.2d 410, 411, 736 N.Y.S.2d 901 ).
Contrary to the People's contention, the defendant's waiver of her right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Johnson, 135 A.D.3d 960, 23 N.Y.S.3d 577 ; People v. Guarchaj, 122 A.D.3d 878, 879, 996 N.Y.S.2d 372 ). However, the sentence of imprisonment imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
MASTRO, J.P., HALL, COHEN and IANNACCI, JJ., concur.