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The People of the State of New York v. Thomas C. Kristich

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


September 13, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
THOMAS C. KRISTICH,
APPELLANT.

Appeal from an amended judgment and a judgment of the District Court of Suffolk County, First District (Chris Ann Kelley, J.), rendered March 28, 2008.

People v Kristich (Thomas)

Appellate Term, Second Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 13, 2012

PRESENT: NICOLAI, P.J., MOLIA and IANNACCI, JJ

The amended judgment revoked a sentence of probation previously imposed by the same court (Howard M. Bergson, J.), upon a finding that defendant had violated the conditions thereof, upon defendant's admission, and resentenced him to a one-year term of imprisonment on his prior conviction of aggravated harassment in the second degree. The judgment convicted defendant, upon his plea of guilty, of petit larceny and imposed a consecutive sentence of a one-year term of imprisonment.

ORDERED that the amended judgment of conviction is affirmed; and it is further,

ORDERED that the appeal from the judgment of conviction of petit larceny is dismissed as abandoned (see People v Rodriguez, 14 AD3d 719 [2005]).

Defendant did not appeal from the original judgment convicting him, upon his plea of guilty, of aggravated harassment in the second degree (Penal Law § 240.30 [1]). On this appeal from the amended judgment of conviction, defendant is foreclosed from challenging the propriety of that original judgment, including, among other things, the validity of his plea of guilty (see People v Sansone, 65 AD3d 636 [2009]; People v Trias, 50 AD3d 828 [2008]). Accordingly, as defendant's sole contention on appeal relates to the validity of his plea, the amended judgment of conviction is affirmed.

Nicolai, P.J., Molia and Iannacci, JJ., concur. Decision Date: September 13, 2012

20120913

© 1992-2012 VersusLaw Inc.



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