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People v. Eppolito
Citations: 126 A.D.3d 1536; 5 N.Y.S.3d 791Docket: Appeal No. 1
Court: Appellate Division of the Supreme Court of the State of New York; March 27, 2015; New York; State Appellate Court
The Genesee County Court judgment dated April 26, 2012, which revoked the defendant's probation and imposed a prison sentence, has been unanimously affirmed. In appeal No. 1, the defendant admitted to violating probation conditions linked to a conviction for attempted aggravated criminal contempt and was subsequently sentenced to imprisonment. In appeal No. 2, the defendant was convicted of assault in the second degree following a guilty plea. The defendant conceded that he did not preserve for review the argument that his admission and plea were not made knowingly, voluntarily, or intelligently, as he failed to move to withdraw either. This case does not meet the narrow exception for preservation set forth in prior relevant case law. Additionally, the court found that the defendant was correctly sentenced as a second felony offender due to his prior conviction being a qualifying predicate felony. The court also determined that the imposed sentences in both appeals were appropriate and not excessively harsh.