PEOPLE v. LOPER

Ordered that the amended sentences are affirmed.

The defendant's contention that the court improperly resentenced him on the violations of probation because it lacked an updated presentence report is unpreserved for appellate review (CPL 470.05; People v Callahan, 80 N.Y.2d 273, 281; People v Lucci, 193 A.D.2d 623). Moreover, the defendant's waiver of his right to appeal, executed at the proceeding conducted on October 27, 1993, precludes him from arguing on appeal that the amended sentences which the court imposed are excessive (see, People v Seaberg, 74 N.Y.2d 1). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.