People v Zafar R.
2009 NY Slip Op 03201 [61 AD3d 897]
April 21, 2009
Appellate Division, Second Department
As corrected through Wednesday, June 10, 2009


The People of the State of New York, Respondent,
v
ZafarR., Appellant.

[*1]Randall D. Unger, Bayside, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and Daniel Bresnahan of counsel), for respondent.

Appeal by the defendant from an amended judgment of the Supreme Court, Queens County(Wong, J.), rendered May 22, 2008, revoking a sentence of probation previously imposed by thesame court (Chin-Brandt, J.) under Superior Court information No. 426/05, upon a finding thathe had violated certain conditions thereof, upon his admission, and imposing a sentence ofimprisonment upon his previous adjudication as a youthful offender for criminal mischief in thethird degree.

Ordered that the amended judgment is affirmed.

The defendant's contention that the Superior Court information was jurisdictionally defectiveshould have been raised on direct appeal from the original judgment of conviction (see People v Cuadrado, 9 NY3d362, 365 [2007]). Since the defendant did not appeal from the original judgment, he isforeclosed on this appeal from the amended judgment from challenging the propriety of theoriginal judgment (see People v Trias,50 AD3d 828 [2008]; People vPagan, 27 AD3d 580 [2006]; People v Kimbrough, 25 AD3d 810 [2006]). Skelos, J.P., Dillon,Leventhal and Chambers, JJ., concur.


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