| People v Sansone |
| 2009 NY Slip Op 06256 [65 AD3d 636] |
| August 18, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Marcello Sansone, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo, Karen M.Griffin, and Susan Paulson of counsel), for respondent.
Appeal by the defendant from an amended judgment of the Supreme Court, Kings County(Lott, J.), rendered November 17, 2006, in effect, revoking a sentence of probation previouslyimposed by the same court upon a finding that he had violated a condition thereof, upon hisadmission, and imposing a sentence of imprisonment upon his previous conviction of attemptedburglary 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 attempted burglary in the second degree. On this appeal from the amended judgment,the defendant is foreclosed from challenging the propriety of the original judgment, including,inter alia, his claims as to the validity of his plea of guilty (see People v Trias, 50 AD3d 828 [2008]; People v Kimbrough, 25 AD3d810 [2006]; People v Walker,23 AD3d 588 [2005]; People v Augustin, 286 AD2d 442 [2001]; People vOquendo, 286 AD2d 740 [2001]; People v Riddick, 269 AD2d 472 [2000]). Thedefendant's reliance on People vLouree (8 NY3d 541 [2007]) is misplaced. In Louree, the appeal was from theoriginal judgment of conviction (id.).
The sentence imposed upon the defendant's violation of probation was not excessive. Rivera,J.P., Florio, Dickerson and Chambers, JJ., concur.