| People v Whitlock |
| 2014 NY Slip Op 01347 [114 AD3d 970] |
| February 26, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Charles Whitlock, Appellant. |
—[*1] David M. Hoovler, District Attorney, Middletown, N.Y. (Robert H. Middlemiss ofcounsel), for respondent.
Appeal by the defendant from an amended judgment of the County Court, OrangeCounty (De Rosa, J.), rendered October 3, 2012, revoking a sentence of probationpreviously imposed by the same court, upon a finding that he violated conditions thereof,upon his admission, and imposing a sentence of imprisonment upon his previousconviction of driving while intoxicated in violation of Vehicle and Traffic Law §1192 (3).
Ordered that the amended judgment is affirmed.
Since the defendant failed to appeal from the original judgment convicting him ofdriving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3), he isjurisdictionally foreclosed from challenging the propriety of the original judgment,including his claim that a prior out-of-state conviction for driving while intoxicated wasnot a sufficient predicate to elevate the instant conviction to a class D felony offense (see People v Sansone, 65AD3d 636, 637 [2009]; People v Jackson, 63 AD3d 1178, 1179 [2009]; People v Zafar R., 61 AD3d897, 898 [2009]; People v Oquendo, 286 AD2d 740 [2001]).
The defendant's waiver of his right to appeal, the validity of which he does notchallenge on appeal, precludes review of his claim that the sentence imposed, upon hisadmission that he violated conditions of his probation, was excessive (see People v Emma, 101 AD3d1146, 1147 [2012]; Peoplev Daly, 80 AD3d 776 [2011]; People v Gorovoy, 309 AD2d 764[2003]; People v Miles, 268 AD2d 489, 490 [2000]). Skelos, J.P., Chambers,Hall and Miller, JJ., concur.