| People v Burton |
| 2010 NY Slip Op 00165 [69 AD3d 644] |
| January 5, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v DeonBurton, 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(DeRosa, J.), rendered October 9, 2008, revoking a sentence of probation previously imposed bythe same court, upon a finding that she had violated a condition thereof, upon her admission, andimposing a sentence of imprisonment upon her previous conviction of welfare fraud in the thirddegree.
Ordered that the amended judgment is affirmed.
The defendant's valid and unrestricted waiver of her right to appeal forecloses appellatereview of her challenge to the procedure employed by the sentencing court in its determinationregarding restitution (see People vOrdover, 67 AD3d 824 [2009]; see also People v Callahan, 80 NY2d 273,280-281 [1992]; People v Williams,62 AD3d 730, 731 [2009]). Furthermore, the defendant's valid and unrestricted waiverof her right to appeal precludes review of her claim that the sentence imposed upon her violationof probation was excessive (see Peoplev Stewart, 66 AD3d 924, 924 [2009]; People v Kimbrough, 25 AD3d 810, 810-811 [2006]). Rivera, J.P.,Miller, Leventhal and Chambers, JJ., concur.