| People v Jackson |
| 2009 NY Slip Op 05571 [63 AD3d 1178] |
| June 30, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Skyler Jackson, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup and Andrew R.Kass of counsel), for respondent.
Appeal by the defendant from an amended judgment of the County Court, Orange County(De Rosa, J.), rendered June 26, 2008, revoking a sentence of probation previously imposed bythe same court, upon a finding that he violated a condition thereof, upon his admission, andimposing a sentence of imprisonment upon his previous conviction of criminal possession of acontrolled substance in the fifth degree and assault in the second degree.
Ordered that the amended judgment is affirmed.
The defendant did not appeal from the original judgment convicting him, upon his plea ofguilty, of criminal possession of a controlled substance in the fifth degree and assault in thesecond degree. Therefore, on this appeal from the amended judgment, the defendant isforeclosed from challenging the propriety of the original judgment, including, inter alia, hisclaim as to the validity of his plea of guilty (see People v Grzywaczewski, 61 AD3d 699[2009]; People v Trias, 50 AD3d 828 [2008]; People v Kimbrough, 25 AD3d810 [2006]; People v Walker, 23 AD3d 588 [2005]; People v Augustin, 286AD2d 442 [2001]; People v Oquendo, 286 AD2d 740 [2001]; People v Riddick,269 AD2d 472 [2000]).
The defendant's remaining contentions are unpreserved for appellate review (see Peoplev Green, 54 NY2d 878, 880 [1981]; People v Grzywaczewski, 61 AD3d 699 [2009];People v Rogers, 45 AD3d 786, 787 [2007]) and, in any event, are without merit. Rivera,J.P., Skelos, Balkin and Leventhal, JJ., concur.