Opinion
No. 2010-04748.
February 1, 2011.
Appeal by the defendant from an amended judgment of the County Court, Dutchess County (Dolan, J.), rendered April 27, 2010, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal possession of a controlled substance in the fifth degree.
Steven A. Feldman, Uniondale, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Before: Mastro, J.P., Angiolillo, Balkin, Lott and Miller, JJ.
Ordered that the amended judgment is affirmed.
Since the defendant admitted to the violation of probation with a full understanding that he would receive the term of imprisonment actually imposed at the time of sentencing, he has no basis now to complain that his sentence was excessive ( see People v Delpesce, 68 AD3d 1131; People v Grzywaczewski, 61 AD3d 699, 700; People v Trias, 50 AD3d 828, 828-829; People v Kazepis, 101 AD2d 816, 817). In any event, the sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).