| People v Pook |
| 2010 NY Slip Op 04221 [73 AD3d 952] |
| May 11, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rudolph Pook, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and MerriTurk Lasky of counsel; Lorrie A. Zinno on the brief), for respondent.
Appeals by the defendant from (1) an amended judgment of the Supreme Court, QueensCounty (Wong, J.), rendered May 15, 2008, revoking a sentence of probation previouslyimposed by the same court (Kron, J.), upon a finding that he had violated a condition thereof,after a hearing, and imposing a sentence of imprisonment upon his previous conviction of assaultin the second degree under indictment No. 3736/02, and (2) a judgment of the same court(McGann, J.), rendered September 24, 2008, convicting him of rape in the second degree underindictment No. 3148/05, upon his plea of guilty, and imposing sentence.
Ordered that the amended judgment and the judgment are affirmed.
The defendant's waivers of his right to appeal were knowing, voluntary, and intelligent (see People v Ramos, 7 NY3d 737,738 [2006]; People v Lopez, 6NY3d 248, 255 [2006]; People v Seaberg, 74 NY2d 1, 9 [1989]) and, thus, precludereview of his claim that the sentence imposed upon his violation of probation was excessive (see People v Burton, 69 AD3d644 [2010]; People vKimbrough, 25 AD3d 810, 810-811 [2006]). Furthermore, since the defendant wasinformed that a maximum sentence could be imposed if he failed to complete the sexualoffender's counseling program, appellate review of his contention that the enhanced sentenceimposed upon his conviction of rape in the second degree was excessive is also precluded by thatwaiver (see People v Bullock, 54AD3d 959 [2008]; People vRuiz, 48 AD3d 834 [2008]; People v Greene, 13 AD3d 647, 648 [2004]). Fisher, J.P., Covello,Balkin, Leventhal and Lott, JJ., concur.