The People, etc., respondent, v. Albert Boghdadi, appellant. (2010)

Submitted-December 31, 2009

DECISION & ORDER

Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Holdman, J.), rendered April 16, 2007, revoking a sentence of probation previously imposed by the same court, upon a finding that he had 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.

As the People correctly concede, the defendant's waiver of the right to appeal was not valid (see People v. Murray, 68 AD3d 896;  People v. Cruz, 54 AD3d 962, 963;  People v. Hurd, 44 AD3d 791, 792) and does not foreclose his current claim.

Nevertheless, despite being informed of the sentence that he was to receive, the defendant admitted to violating a condition of his probation and, therefore, has no basis to complain of the sentence imposed (see People v. Delpesce, 68 AD3d 1131;  People v. Grzywaczewski, 61 AD3d 699, 700;  People v. Trias, 50 AD3d 828, 828-829;  People v. Kazepis, 101 A.D.2d 816).   In any event, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

PRUDENTI, P.J., FISHER, COVELLO, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court