Opinion
2014-07-23
The PEOPLE, etc., respondent, v. Quallique MACK, appellant.
Seymour W. James, Jr., New York, N.Y. (Eve Kessler of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Drake A. Colley of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Eve Kessler of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Drake A. Colley of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (Brennan, J.), revoking a sentence of probation previously imposed by the same court (Mullen, J.), upon a finding that he violated conditions thereof, upon his admission, and imposing a term of imprisonment upon his previous convictions of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree imposed November 27, 2012, on the ground that the amended sentence was excessive.
ORDERED that the amended sentence is affirmed.
The defendant's waiver of his right to appeal, the validity of which he does not challenge on appeal, precludes review of his claim that the amended sentence imposed, upon his admission that he violated conditions of his probation, was excessive ( see People v. Whitlock, 114 A.D.3d 970, 980 N.Y.S.2d 831;People v. Emma, 101 A.D.3d 1146, 956 N.Y.S.2d 495;People v. Sansone, 65 A.D.3d 636, 883 N.Y.S.2d 726). ENG, P.J., BALKIN, DICKERSON and HINDS–RADIX, JJ., concur.