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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON CARDEN, Appellant.

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; People v. Padilla, 18 AD3d 578; People v. Shelby, 267 AD2d 482; People v. Tavares, 197 AD2d 552). 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; People v. Shelby, supra; People v. McShaw, 204 AD2d 741; People v. Hunter, 194 AD2d 628; People v. Lombardo, 108 AD2d 873).

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; People v. Strunkey, 268 AD2d 492; People v. Knight, 219 AD2d 677).

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PEOPLE v. CARDEN
(Mar 14, 2006)