Opinion
2010-05685.
Decided on October 18, 2011.
Appeal by the defendant from a judgment of the County Court, Rockland County (Apotheker, J.), rendered May 3, 2010, convicting him of driving while intoxicated as a felony, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Salvatore Perrotto on the brief), for respondent.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, CHERYL E. CHAMBERS, SANDRA L. SGROI, JJ.
DECISION ORDER
Since the defendant 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 AD3d 663; People v Bunn , 79 AD3d 1143, 1143-1144; People v Kazepis, 101 AD2d 816, 817).
MASTRO, J.P., BALKIN, CHAMBERS and SGROI, JJ., concur.