The People, etc., respondent, v. Steven Glickman, appellant. (2018)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Steven Glickman, appellant.

2017–00612 (Ind.No. 1392 /06)

Decided: February 14, 2018

CHERYL E. CHAMBERS, J.P. SANDRA L. SGROI JOSEPH J. MALTESE FRANCESCA E. CONNOLLY, JJ.

Gaines, Novick, Ponzini, Cossu & Venditti, LLP, White Plains, N.Y. (Lisa Colosi Florio of counsel), for appellant.

Submitted—August 25, 2017

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from an amended sentence of the County Court, Putnam County (James F. Reitz, J.), imposed November 15, 2016, revoking a sentence of probation previously imposed by the Supreme Court, Westchester County (Rory J. Bellantoni, J.), upon a finding that he violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of rape in the third degree.

ORDERED that the amended sentence is affirmed.

Under the circumstances of this case, the defendant's purported waiver of his right to appeal, given at the time of his plea of guilty, did not preclude review of his claim that the amended sentence imposed upon his violation of conditions of his probation was excessive (see People v. Yodice, 153 AD3d 1373). Nevertheless, the amended sentence was not excessive (see People v. Suitte, 90 A.D.2d 80).

CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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