27 A.D.3d 573
N.Y. App. Div.
2006

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JASON CARDEN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department

March 14, 2006

810 NYS2d 365

Appeal by the defendant from an amended judgment of the County Court, Westchester County (Zambelli, J.), rendered September 23, 2003, 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 attempted criminal sale of a controlled substance in the third degree.

Ordered that the amended judgment is affirmed.

The defendant‘s contention regarding the sufficiency of the allocution of his admission to a violation of probation is unpreserved for appellate review (see People v Pellegrino, 60 NY2d 636 [1983]; People v Padilla, 18 AD3d 578 [2005]; People v Shelby, 267 AD2d 482 [1999]; People v Tavares, 197 AD2d 552 [1993]). In any event, the record establishes that he knowingly, intelligently, and voluntarily admitted that he violated a condition of his probation (see CPL 410.70; People v Padilla, supra; People v Melvin, 274 AD2d 435 [2000]; People v Shelby, supra; People v McShaw, 204 AD2d 741 [1994]; People v Hunter, 194 AD2d 628 [1993]; People v Lombardo, 108 AD2d 873 [1985]).

As part of his original plea agreement, the defendant effectively waived appellate review of his claim that the sentence imposed in the amended judgment was excessive (see People v Pitter, 272 AD2d 416 [2000]; People v Strunkey, 268 AD2d 492 [2000]; People v Knight, 219 AD2d 677 [1995]). Adams, J.P., Ritter, Goldstein, Skelos and Dillon, JJ., concur.