People v Walker
2007 NY Slip Op 07735 [44 AD3d 803]
October 9, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


The People of the State of New York, Respondent,
v
Darrell Walker, Appellant.

[*1] Edwin B. Winder, Sleepy Hollow, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from an amended judgment of the County Court, Westchester County (Zambelli, J.), rendered February 4, 2003, revoking a sentence of probation previously imposed by the same court upon a finding that he had violated a condition thereof, and imposing a sentence of imprisonment upon his previous conviction of attempted robbery in the second degree.

Ordered that the amended judgment is affirmed.

The defendant's current contentions relating to his claim of ineffective assistance of counsel were raised on a prior appeal and rejected on the ground that they were without merit (see People v Walker, 16 AD3d 604 [2005]). The defendant may not now raise them under the guise that they are part of his challenge to the sentence imposed on the violation of probation. Moreover, the sentence imposed by the amended judgment on the violation of probation was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Crane, J.P., Ritter, Fisher, Covello and Dickerson, JJ., concur.