At page 1504 Waiver scope regarding post-probation sentence challenges8 citing casesAppeal from a judgment of the Niagara County Court (Richard C. Kloch, Sr., J), rendered August 5, 2008. The judgment revoked defendant’s sentence of probation…
- People v. Guzman, 127 A.D.3d 1108 (N.Y. App. Div. 2d Dep't 2015).published The defendant’s waiver of his right to appeal from the original conviction, the validity of which he does not challenge on appeal, precludes review of his claim that the sentence of imprisonment imposed was excessive (see People v Mack, 11…
- People v. Barnes, 238 A.D.3d 1509 (N.Y. App. Div. 4th Dep't 2025).publishedDefendant's challenge to the voluntariness of his admission to a violation of probation with respect to a separate conviction is not properly before us because defendant did not appeal from the resentence imposed upon that violation of pro…
- People v. Tedesco, 143 A.D.3d 1279 (N.Y. App. Div. 4th Dep't 2016).published Even assuming, arguendo, that defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his vi…
- People v. Williams, 140 A.D.3d 1749 (N.Y. App. Div. 4th Dep't 2016).published Although we agree with defendant that her waiver of the right to appeal encompasses the sentence of probation but does not encompass her challenge to the sentence imposed following her violations of probation (see People v Johnson, 77 AD3d…
- People v. Allen, 97 A.D.3d 1164 (N.Y. App. Div. 4th Dep't 2012).published Although defendant validly waived the right to appeal at the plea proceeding (see generally People v Lopez, 6 NY3d 248, 256 [2006]), that waiver does not preclude him from challenging the sentence imposed upon resentencing (see People v Gr…
Other citing cases
- Allen, William, People v., No. KA 09-00176 (N.Y. App. Div. 4th Dep't July 6, 2012).published
v.
Rubin P. Dexter
Appeal from a judgment of the Niagara County Court (Richard C. Kloch, Sr., J), rendered August 5, 2008. The judgment revoked defendant’s sentence of probation and imposed a sentence of incarceration.
It is hereby ordered that the judgment so appealed from is unanimously affirmed..
Memorandum: Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of criminal contempt in the first degree (Penal Law § 215.51 [b] [v]). County Court sentenced him to a term of incarceration based on his admission that he violated the conditions of his probation. Defendant’s contentions with respect to the plea proceeding underlying the original judgment are “not properly before us inasmuch as there is no notice of appeal from the original judgment in the record before us, nor is there otherwise any indication in the record that an appeal from that judgment was perfected” (People v Brown, 307 AD2d 759 [2003]; see People v Lawlor, 49 AD3d 1270 [2008], lv denied 10 NY3d 936 [2008]; People v Parente, 4 AD3d 793 [2004]). We agree with defendant that “[a]lthough defendant’s waiver of the right to appeal encompassed the original sentence of probation . . . , it did not[*1505] encompass the [sentence imposed] following defendant’s violation of probation” (People v Rodriguez, 259 AD2d 1040 [1999]; see People v Cheatham, 278 AD2d 889 [2000], lv denied 96 NY2d 798 [2001]). Contrary to defendant’s further contention, however, the sentence imposed following the violation of probation is not unduly harsh or severe. Present — Smith, J.P., Centra, Fahey and Pine, JJ.