PEOPLE v. WALKER (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.

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 A.D.2d 740, 730 N.Y.S.2d 452;  People v. Augustin, 286 A.D.2d 442, 729 N.Y.S.2d 900;  People v. Riddick, 269 A.D.2d 472, 702 N.Y.S.2d 908;  People v. Moore, 261 A.D.2d 421, 690 N.Y.S.2d 75).

The defendant's valid waiver of the right to appeal (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754;  People v. Muniz, 91 N.Y.2d 570, 575, 673 N.Y.S.2d 358, 696 N.E.2d 182) precludes review of his challenge to the amended judgment (see People v. Gorovoy, 309 A.D.2d 764, 765 N.Y.S.2d 275;  People v. Bennett, 269 A.D.2d 401, 704 N.Y.S.2d 95).