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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEVILLE SMITH, Appellant

Ordered that the amended judgment is affirmed.

The defendant knowingly and voluntarily admitted to a violation of probation ( see, People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v. New York, 393 U.S. 1067). The court properly adjudicated the defendant to be in violation of probation based upon his admission ( see, CPL 410.70; People v. Hunter, 194 A.D.2d 628; People v. Pons, 134 A.D.2d 378). Contrary to the defendant's contention, an admission to a violation of probation does not require a waiver of the full panoply of constitutional rights that are waived by reason of a guilty plea to a criminal offense ( see, People v. Hunter, supra; People v. Keemer, 186 A.D.2d 586; People v. Lombardo, 108 A.D.2d 873).

Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.

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PEOPLE v. SMITH
(Nov 2, 1998)