Opinion
04-22-2015
The PEOPLE, etc., respondent, v. Luis W. GUZMAN, appellant.
Alan Polsky, Medford, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.
Alan Polsky, Medford, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.
Opinion
Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Hudson, J.), rendered November 1, 2013, revoking a sentence of probation previously imposed by the same court (Kahn, J.), upon a finding that he violated the conditions thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of sexual abuse in the first degree.
ORDERED that the amended judgment is affirmed.
Contrary to the defendant's contention, he was not deprived of his due process rights to written notice of the alleged violations of his probation and to fair notice that the misconduct in which he allegedly engaged violated his conditions of probation (see People v. Crawford, 61 A.D.3d 774, 775, 877 N.Y.S.2d 170 ; People v. Simone, 13 A.D.3d 71, 71, 785 N.Y.S.2d 82 ; cf. Douglas v. Buder, 412 U.S. 430, 432, 93 S.Ct. 2199, 37 L.Ed.2d 52 ; People v. Almonte, 50 A.D.3d 696, 697, 855 N.Y.S.2d 209 ; People v. Avellanet, 272 A.D.2d 406, 407, 708 N.Y.S.2d 417 ). Moreover, upon finding that the defendant violated conditions of his probation, the County Court providently exercised its discretion in revoking probation and sentencing him to a term of imprisonment for the original conviction (see CPL 410.70[5] ; People v. Costanza, 36 A.D.3d 829, 830, 829 N.Y.S.2d 160 ). 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, 119 A.D.3d 875, 989 N.Y.S.2d 377 ; People v. Whitlock, 114 A.D.3d 970, 971, 980 N.Y.S.2d 831 ; People v. Pook, 73 A.D.3d 952, 952–953, 899 N.Y.S.2d 872 ; People v. Kimbrough, 25 A.D.3d 810, 811, 807 N.Y.S.2d 652 ; People v. Gorovoy, 309 A.D.2d 764, 765 N.Y.S.2d 275 ; People v. Strunkey, 268 A.D.2d 492, 492, 701 N.Y.S.2d 643 ; but see People v. Dexter, 71 A.D.3d 1504, 1504–1505, 897 N.Y.S.2d 355 ; People v. Venable, 16 A.D.3d 771, 790 N.Y.S.2d 755 ).
RIVERA, J.P., AUSTIN, SGROI and BARROS, JJ., concur.