Opinion
Submitted April 5, 2000.
May 8, 2000.
Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Flug, J.), rendered September 28, 1998, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal sale of a controlled substance in the third degree.
Charles Lavine, Forest Hills, N.Y., for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Janet L. Zaleon of counsel), for respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the amended judgment is affirmed.
The defendant's waiver of his right to appeal, executed at a proceeding conducted on February 6, 1995, precludes him from arguing on appeal that the sentence imposed was excessive (see, People v. Strunkey, ___ A.D.2d ___ [2d Dept., Jan. 18, 2000]; People v. Knight, 219 A.D.2d 677; People v. Loper, 215 A.D.2d 406). Moreover, his contention that the court improperly sentenced him on the violation of probation because it lacked an updated presentence report is unpreserved for appellate review (see, CPL 470.05; People v. Oyebanji, 246 A.D.2d 560; People v. Loper, 215 A.D.2d 406).
The defendant's remaining contentions are without merit.
RITTER, J.P., SULLIVAN, S. MILLER, LUCIANO and H. MILLER, JJ., concur.