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People v. Boghdadi

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


May 4, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
ALBERT BOGHDADI, APPELLANT.

Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Holdman, J.), rendered April 16, 2007, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal possession of a weapon in the third degree.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

A. GAIL PRUDENTI, P.J., STEVEN W. FISHER, JOSEPH COVELLO, JOHN M. LEVENTHAL and LEONARD B. AUSTIN, JJ.

(Ind. No. 8744/05)

DECISION & ORDER

ORDERED that the amended judgment is affirmed.

As the People correctly concede, the defendant's waiver of the right to appeal was not valid (see People v Murray, 68 AD3d 896; People v Cruz, 54 AD3d 962, 963; People v Hurd, 44 AD3d 791, 792) and does not foreclose his current claim.

Nevertheless, despite being informed of the sentence that he was to receive, the defendant admitted to violating a condition of his probation and, therefore, has no basis to complain of the sentence imposed (see People v Delpesce, 68 AD3d 1131; People v Grzywaczewski, 61 AD3d 699, 700; People v Trias, 50 AD3d 828, 828-829; People v Kazepis, 101 AD2d 816). In any event, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

PRUDENTI, P.J., FISHER, COVELLO, LEVENTHAL and AUSTIN, JJ., concur.

20100504

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