People v. Walker

Nov 21, 2005
Versions:23 A.D.3d 588
805 N.Y.S.2d 398

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ANDRE WALKER, Appellant. [805 NYS2d 398]—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.

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 [2001]; People v Augustin, 286 AD2d 442 [2001]; People v Riddick, 269 AD2d 472 [2000]; People v Moore, 261 AD2d 421 [1999]).

The defendant‘s valid waiver of the right to appeal (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Muniz, 91 NY2d 570, 575 [1998]) precludes review of his challenge to the amended judgment (see People v Gorovoy, 309 AD2d 764 [2003]; People v Bennett, 269 AD2d 401 [2000]). H. Miller, J.P., Crane, Krausman, Rivera and Lifson, JJ., concur.