Opinion
Submitted August 27, 1999
January 18, 2000
Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (Pesce, J.), imposed September 18, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a controlled substance in the third degree, on the ground that the sentence is excessive.
M. Sue Wycoff, New York, N.Y. (Eve Kessler of counsel), for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein of counsel), for respondent.
GUY JAMES MANGANO, P.J., DAVID S. RITTER, DANIEL W. JOY, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the amended sentence is affirmed.
The defendant's waiver of his right to appeal, executed at a proceeding conducted on May 25, 1994, precludes him from arguing on appeal that the amended sentence which the court imposed was excessive (see, People v. Miles, 268 A.D.2d 489 [decided herewith];People v. Loper, 215 A.D.2d 406 ; see also, People v. Kemp, N Y 2d [Dec. 2, 1999]; cf., People v. Rodriguez, 259 A.D.2d 1040 [4th Dept., Mar. 31, 1999]; People v. Daniel A, 259 A.D.2d 983 ).
MANGANO, P.J., RITTER, JOY, and FLORIO, JJ., concur.