Opinion
2018–10522 Ind. No. 13–00083
12-11-2019
The PEOPLE, etc., Respondent, v. Johnathan A. PARSON, Appellant.
Philip H. Schnabel, Chester, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel, White Plains; Erin Heiferman on the brief), for respondent.
Philip H. Schnabel, Chester, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel, White Plains; Erin Heiferman on the brief), for respondent.
CHERYL E. CHAMBERS, J.P., JOSEPH J. MALTESE, HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ORDERED that the amended judgment is affirmed.
Under the circumstances of this case, the defendant had 1 ½ years between his admission of a violation of probation and the revocation of his probation in which to raise his contention that he was deprived of certain statutory and constitutional rights in connection with the violation of probation proceeding. Since he failed to do so, his contention is unpreserved for appellate review (compare People v. Montenegro, 153 A.D.3d 553, 554, 60 N.Y.S.3d 95, with People v. Emery, 40 A.D.3d 1009, 1010, 836 N.Y.S.2d 302 ), and we decline to reach it in the exercise of our interest of justice jurisdiction.
The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ).
CHAMBERS, J.P., MALTESE, LASALLE and CONNOLLY, JJ., concur.