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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HUNTER, JR., Appellant.

Ordered that the amended judgment is affirmed.

The defendant's claim regarding the sufficiency of the plea allocution has not been preserved for appellate review as a result of his failure to move to withdraw the plea (see, People v. Pellegrino, 60 N.Y.2d 636).

In any event, the court properly adjudicated the defendant to be in violation of probation based upon his admission (see, CPL 410.70; People v. Smith, 146 A.D.2d 656). Notably, 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 (People v Lombardo, 108 A.D.2d 873). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.

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PEOPLE v. HUNTER
(Jun 7, 1993)