People v. Pagan

OPINION OF THE COURT

Graffeo, J.

The threshold question before us is whether a defendant can appeal from an order modifying the conditions of a sentence of probation. We conclude that such an appeal is not authorized by the Criminal Procedure Law. Instead, judicial review must be sought in a CPLR article 78 proceeding.

Defendant Jorge Pagan pleaded guilty to one count of criminal possession of a weapon in the third degree. Pursuant to a *370plea agreement, defendant was sentenced in June 2008 to six months in jail and five years of probation. More than three months later, the New York City…