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THE PEOPLE, etc., respondent, v. ANTHONY PITTER, appellant. (Ind. No. 10728/94)

DECISION ORDER

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, ___ A.D.2d ___ [2d Dept., Jan. 18, 2000]; People v. Knight, 219 A.D.2d 677; People v. Loper, 215 A.D.2d 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; People v. Oyebanji, 246 A.D.2d 560; People v. Loper, 215 A.D.2d 406).

The defendant's remaining contentions are without merit.

RITTER, J.P., SULLIVAN, S. MILLER, LUCIANO and H. MILLER, JJ., concur.

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PEOPLE v. PITTER
(May 8, 2000)