| People v Trias |
| 2008 NY Slip Op 03251 [50 AD3d 828] |
| April 8, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Nicholas Trias, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and CherylPayer of counsel), for respondent.
Appeal by the defendant from an amended judgment of the Supreme Court, Kings County(Guzman, J.), rendered April 17, 2006, revoking a sentence of probation previously imposed bythe same court upon a finding that he had violated a condition thereof, upon his admission, andimposing a sentence of imprisonment upon his previous conviction of robbery in the third degree.
Ordered that the amended judgment is affirmed.
The defendant did not appeal from the original judgment convicting him, upon his plea ofguilty, of robbery in the third degree. On this appeal from the amended judgment, the defendantis foreclosed from challenging the propriety of the original judgment, including, inter alia, claimsas to the validity of his plea of guilty or the effectiveness of his counsel (see People v Kimbrough, 25 AD3d810 [2006]; People v Oquendo, 286 AD2d 740 [2001]; People v Augustin,286 AD2d 442 [2001]; People v Riddick, 269 AD2d 472 [2000]). In addition, thedefendant admitted to the violation of probation with a full understanding that he would receivethe term of imprisonment actually imposed at the time of resentencing, and therefore he "has nobasis now to complain that his [re]sentence was excessive" (People v Kazepis, 101 AD2d816, 817 [1984]; see People v Martinez, 286 AD2d 447 [2001]; People v Allen,269 AD2d 534 [2000]). Moreover, there were no extraordinary circumstances present in this casewhich warrant disturbing the sentence imposed upon the amended judgment (see People vSuitte, 90 AD2d 80 [1982]). Skelos, J.P., Santucci, Covello, McCarthy and Chambers, JJ.,concur.