People v. Pitter

• Decision Date: 08 May 2000
• Citation: 272 A.D.2d 416,707 N.Y.S.2d 902
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ANTHONY PITTER, Appellant.
• Court: New York Supreme Court — Appellate Division

272 A.D.2d 416

707 N.Y.S.2d 902

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.ANTHONY PITTER, Appellant.

05-08-2000

Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

Ordered that the amended judgment is affirmed.

The defendant's waiver of his right to appeal, executed at a proceeding conducted on February 6, 1995, precludes him from arguing on appeal that the sentence imposed was excessive (see, People v Strunkey, 268 AD2d 492; People v Knight, 219 AD2d 677; People v Loper, 215 AD2d 406). Moreover, his contention that the court improperly sentenced him on the violation of probation because it lacked an updated presentence report is unpreserved for appellate review (see, CPL 470.05 [2]; People v Oyebanji, 246 AD2d 560; People v Loper, 215 AD2d 406, supra).

The defendant's remaining contentions are without merit.