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People v. Scala

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 2011
2011 N.Y. Slip Op. 7464 (N.Y. App. Div. 2011)

Opinion

2007-08339.

Decided on October 18, 2011.

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.

James Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant, and appellant pro se.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

REINALDO E. RIVERA, J.P., ANITA R. FLORIO, RANDALL T. ENG, L. PRISCILLA HALL, JEFFREY A. COHEN, JJ.


DECISION ORDER

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 AD3d 663; People v Bunn , 79 AD3d 1143 , 1143-1144; People v Kazepis, 101 AD2d 816, 817). In any event, the sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80, 83).

RIVERA, J.P., FLORIO, ENG, HALL and COHEN, JJ., concur.


Summaries of

People v. Scala

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 2011
2011 N.Y. Slip Op. 7464 (N.Y. App. Div. 2011)
Case details for

People v. Scala

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, respondent, v. HUGH SCALA, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 2011

Citations

2011 N.Y. Slip Op. 7464 (N.Y. App. Div. 2011)
931 N.Y.S.2d 240