Opinion
2011-10-18
The PEOPLE, etc., respondent,v.Hugh SCALA, appellant.
James Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant, and appellant pro se.*241 Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Bartlett, J.), rendered August 7, 2007, convicting him of criminal sexual act in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Since the defendant knowingly, voluntarily, and intelligently pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, he has no basis now to complain that the sentence imposed was excessive ( see People v. Johnson, 81 A.D.3d 663, 916 N.Y.S.2d 788; People v. Bunn, 79 A.D.3d 1143, 1143–1144, 914 N.Y.S.2d 907; People v. Kazepis, 101 A.D.2d 816, 817, 475 N.Y.S.2d 351). In any event, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 83, 455 N.Y.S.2d 675).
RIVERA, J.P., FLORIO, ENG, HALL and COHEN, JJ., concur.