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PEOPLE v. PADILLA

Appellate Division of the Supreme Court of New York, Second Department.
May 9, 2005
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Ordered that the amended judgment is affirmed.

The defendant's claim regarding the voluntariness of his admission to a violation of probation is unpreserved for appellate review ( see People v. Pellegrino, 60 NY2d 636; People v. Melvin, 274 AD2d 435; People v. Shelby, 267 AD2d 482; People v. Tavares, 197 AD2d 552). In any event, the record established that he knowingly and voluntarily admitted to the violation of probation ( see People v. Melvin, supra; People v. Shelby, supra).

Furthermore, the County Court providently exercised its discretion in failing to, sua sponte, order a competency hearing ( see CPL 730.30; People v. Tortorici, 92 NY2d 757, cert denied 528 US 834; People v. Gelikkaya, 84 NY2d 456, 459; People v. Armlin, 37 NY2d 167, 171; People v. Graham, 272 AD2d 479).

We have considered the defendant's contention that his negotiated sentence was excessive and find it to be without merit ( see People v. Broadie, 37 NY2d 100, cert denied 423 US 950; People v. Kazepis, 101 AD2d 816; People v. Suitte, 90 AD2d 80).