Opinion
No. 2008–991SCR.
2012-09-13
The PEOPLE of the State of New York, Respondent, v. Thomas C. KRISTICH, Appellant.
Appeal from an amended judgment and a judgment of the District Court of Suffolk County, First District (Chris Ann Kelley, J.), rendered March 28, 2008. The amended judgment revoked a sentence of probation previously imposed by the same court (Howard M. Bergson, J .), upon a finding that defendant had violated the conditions thereof, upon defendant's admission, and resentenced him to a one-year term of imprisonment on his prior conviction of aggravated harassment in the second degree. The judgment convicted defendant, upon his plea of guilty, of petit larceny and imposed a consecutive sentence of a one-year term of imprisonment.
Present: NICOLAI, P.J., MOLIA and IANNACCI, JJ.
ORDERED that the amended judgment of conviction is affirmed; and it is further,
ORDERED that the appeal from the judgment of conviction of petit larceny is dismissed as abandoned ( see People v. Rodriguez, 14 AD3d 719 [2005] ).
Defendant did not appeal from the original judgment convicting him, upon his plea of guilty, of aggravated harassment in the second degree (Penal Law § 240.30[1] ). On this appeal from the amended judgment of conviction, defendant is foreclosed from challenging the propriety of that original judgment, including, among other things, the validity of his plea of guilty ( see People v. Sansone, 65 AD3d 636 [2009];People v. Trias, 50 AD3d 828 [2008] ). Accordingly, as defendant's sole contention on appeal relates to the validity of his plea, the amended judgment of conviction is affirmed.