SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
December 27, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
Appeal from an amended judgment of the Criminal Court of the City of New York, Queens County (Mary R. O'Donoghue, J.), rendered June 23, 2008.
People v Haskins (Donnell)
Decided on December 27, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: STEINHARDT, J.P., PESCE and WESTON, JJ
The amended judgment revoked a sentence of conditional discharge previously imposed, upon a finding that defendant had violated a condition thereof, and resentenced him to a nine-month term of imprisonment upon his previous conviction of driving while intoxicated.
ORDERED that the amended judgment of conviction is affirmed.
Defendant's contention that he was found in violation of the terms of a conditional discharge without a hearing and, thus, was deprived of his right to due process is unpreserved (see CPL 470.05 ; People v Lopez, 35 AD3d 763 ; People v Zaboroski, 16 AD3d 1058 ). Under the circumstances of this case, we decline to exercise our interest of justice jurisdiction to reach this issue.
Accordingly, the amended judgment of conviction is affirmed.
Steinhardt, J.P., Pesce and Weston, JJ., concur.
Decision Date: December 27, 2011
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