Opinion
2004-07086.
November 21, 2005.
Appeal by the defendant from an amended judgment of the County Court, Orange County (Berry, J.), rendered July 30, 2004, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal possession of a weapon in the third degree.
Philip H. Schnabel, Chester, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: H. Miller, J.P., Crane, Krausman, Rivera and Lifson, JJ., concur.
Ordered that the amended judgment is affirmed.
The defendant did not appeal from the original judgment convicting him of criminal possession of a weapon in the third degree. Accordingly, on this appeal from the amended judgment, the defendant is jurisdictionally foreclosed from challenging the propriety of the original judgment ( see People v. Oquendo, 286 AD2d 740; People v. Augustin, 286 AD2d 442; People v. Riddick, 269 AD2d 472; People v. Moore, 261 AD2d 421).
The defendant's valid waiver of the right to appeal ( see People v. Kemp, 94 NY2d 831, 833; People v. Muniz, 91 NY2d 570, 575) precludes review of his challenge to the amended judgment ( see People v. Gorovoy, 309 AD2d 764; People v. Bennett, 269 AD2d 401).