Opinion
08-16-2017
The PEOPLE, etc., respondent, v. Richard McMAHON, appellant.
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Lauren Tan of counsel), for respondent.
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Lauren Tan of counsel), for respondent.
Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Cohen, J.), rendered May 12, 2016, revoking a sentence of probation previously imposed by the same court (Ambro, J.), upon a finding that he violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted burglary in the second degree.
ORDERED that the amended judgment is affirmed.
The defendant's waiver of his right to appeal, the validity of which he does not challenge on appeal, precludes appellate review of his contention that the County Court erred in denying his pre-plea recusal motion (see People v. Weston, 145 A.D.3d 746, 747, 43 N.Y.S.3d 413 ; People v. Smith, 138 A.D.3d 1415, 1416, 29 N.Y.S.3d 726 ; People v. Mahipat, 49 A.D.3d 1243, 1244, 852 N.Y.S.2d 872 ; People v. Anderson, 304 A.D.2d 975, 976, 756 N.Y.S.2d 916 ).
CHAMBERS, J.P., MILLER, HINDS–RADIX and LaSALLE, JJ., concur.