Opinion
2011-10-18
The PEOPLE, etc., respondent,v.Jose QUIRIDUMBAY–JEREZ, appellant.
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.
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.
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 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).
MASTRO, J.P., BALKIN, CHAMBERS and SGROI, JJ., concur.