People v Daly

2011 NY Slip Op 00529 [80 AD3d 776]

January 25, 2011

Appellate Division, Second Department

As corrected through Wednesday, March 9, 2011

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

—[*1]Mark Diamond, New York, N.Y., for appellant.

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 8, 2009, revoking a sentence of probation previously imposed bythe same court (Kelly, J.), upon a finding that he had violated a condition thereof, upon hisadmission, and imposing a sentence of imprisonment upon his previous convictions of vehicularassault in the second degree and driving while intoxicated.

Ordered that the amended judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his claim that thesentence imposed was excessive (seePeople v Lopez, 6 NY3d 248 [2006]; People v Lococo, 92 NY2d 825 [1998]; People v Lewis, 73 AD3d 1212[2010]; People v Rosas, 34 AD3d605 [2006]). Covello, J.P., Dickerson, Hall and Lott, JJ., concur.