Opinion
2001-05225
Submitted February 28, 2003.
October 6, 2003.
Appeal by the defendant, as limited by his brief, from an amended sentence of the County Court, Orange County (DeRosa, J.), rendered May 18, 2001, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated two conditions thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of reckless endangerment in the first degree.
Robert N. Isseks, Middletown, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Catherine A. Walsh of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, GABRIEL M. KRAUSMAN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the amended sentence is affirmed.
The defendant's written waiver of his right to appeal, executed on September 30, 1999, precludes him from arguing on appeal that the amended sentence which the County Court imposed was excessive ( see People v. Pitter, 272 A.D.2d 416; People v. Strunkey, 268 A.D.2d 492).
The defendant's remaining contentions are without merit.
PRUDENTI, P.J., FLORIO, KRAUSMAN, H. MILLER and MASTRO, JJ., concur.