Opinion
No. 2016-11823 Index No. SP133/16
01-12-2022
The People, etc., respondent, v. Ebony Hughes, appellant.
Patricia Pazner, New York, NY (Dina Zloczower of counsel), for appellant. Georgia M. Pestana, Corporation Counsel, New York, NY (Deborah A. Brenner and D. Alan Rosinus, Jr., of counsel), for respondent.
Argued - November 15, 2021
D68174 M/afa
Patricia Pazner, New York, NY (Dina Zloczower of counsel), for appellant.
Georgia M. Pestana, Corporation Counsel, New York, NY (Deborah A. Brenner and D. Alan Rosinus, Jr., of counsel), for respondent.
BETSY BARROS, J.P. CHERYL E. CHAMBERS JOSEPH A. ZAYAS LARA J. GENOVESI, JJ.
DECISION & ORDER
Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Douglas Wong, J.), rendered October 18, 2016, revoking a sentence of probation previously imposed by the County Court, Nassau County (Fran Ricigliano, J.), upon a finding that she violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon her previous convictions of criminal possession of a forged instrument in the second degree (four counts) and grand larceny in the third degree.
ORDERED that the amended judgment is affirmed.
The remedy that the defendant seeks on this appeal-reversal of her convictions and dismissal of the underlying superior court information-is not available to her. On an appeal from an amended judgment, the defendant is foreclosed from challenging the propriety of the original judgment (see People v Diaz, 164 A.D.3d 829, 829; People v Hazel, 145 A.D.3d 797, 798). Moreover, the defendant has fully served her amended sentence and does not seek a new violation of probation hearing (see People v Amorosi, 96 N.Y.2d 180, 184). Therefore, her challenge to the Supreme Court's determination, in effect, that she willfully refused to pay restitution is academic.
BARROS, J.P., CHAMBERS, ZAYAS and GENOVESI, JJ., concur.