| People v Yodice |
| 2017 NY Slip Op 06562 [153 AD3d 1373] |
| September 20, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Anthony Yodice, Appellant. |
Lynn W.L. Fahey, New York, NY, for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Jonathan K. Yi of counsel), for respondent.
Appeal by the defendant from an amended sentence of the Supreme Court, Queens County(Wong, J.), imposed August 11, 2015, revoking a sentence of probation previously imposed bythe same court (Koenderman, J.), upon a finding that he violated the conditions thereof, after ahearing, and imposing a sentence of imprisonment upon his previous conviction of criminalcontempt in the first degree.
Ordered that the amended sentence is affirmed.
The defendant pleaded guilty to criminal contempt in the first degree, and was sentenced to aterm of imprisonment of six months and a period of probation of five years. Thereafter, inconnection with a subsequent incident, the defendant was convicted of attempted criminalcontempt. On that basis, after a hearing, his sentence of probation was revoked and a term ofimprisonment imposed.
Under the circumstances, the defendant's waiver of his right to appeal, given at the time ofhis plea of guilty, did not preclude review of his claim that the amended sentence imposed uponhis violation of conditions of his probation was excessive. The defendant was not informed of themaximum sentence that could be imposed if he failed to conform to the conditions of probationand, thus, did not knowingly waive his right to appeal from the amended sentence (cf. People v Maracle, 19 NY3d925, 928 [2012]; People v Lococo, 92 NY2d 825 [1998]; People v Perez, 140 AD3d 799[2016]; People v Saaverda, 132AD3d 701, 702 [2015]; People vFrazier, 127 AD3d 1229 [2015]; People v Gonzalez, 93 AD3d 679 [2012]; People v Miles,268 AD2d 489, 489-490 [2000]).
Nevertheless, the amended sentence was not excessive (see People v Suitte, 90 AD2d80 [1982]). Eng, P.J., Dillon, Sgroi, Maltese and Barros, JJ., concur.