People v. Carden
| Decision Date | 14 March 2006 |
| Docket Number | 2003-09352. |
| Citation | 810 N.Y.S.2d 365,2006 NY Slip Op 01815,27 A.D.3d 573 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON CARDEN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the amended judgment is affirmed.
The defendant's contention regarding the sufficiency of the allocution of his admission to a violation of probation is unpreserved for appellate review (see People v Pellegrino, 60 NY2d 636 [1983]; People v Padilla, 18 AD3d 578 [2005]; People v Shelby, 267 AD2d 482 [1999]; People v Tavares, 197 AD2d 552 [1993]). In any event, the record establishes that he knowingly, intelligently, and voluntarily admitted that he violated a condition of his probation (see CPL 410.70; People v Padilla, supra; People v Melvin, 274 AD2d 435 [2000]; People v Shelby, supra; People v McShaw, 204 AD2d 741 [1994]; People v Hunter, 194 AD2d 628 [1993]; People v Lombardo, 108 AD2d 873 [1985]).
As part of his original plea agreement, the defendant effectively waived appellate review of his claim that the sentence imposed in the amended judgment was excessive (see People v Pitter, 272 AD2d 416 [2000]; People v Strunkey, 268 AD2d 492 [2000]; People v Knight, 219 AD2d 677 [1995]).
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