Opinion
2002-05538.
Decided February 17, 2004.
Appeal by the defendant from an amended sentence of the County Court, Orange County (DeRosa, J.), imposed June 12, 2002, 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 driving while intoxicated in violation of Vehicle and Traffic Law § 1192.
Del Atwell, Montauk, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, ROBERT W. SCHMIDT and BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the amended sentence 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 to now complain that the sentence was excessive and should be modified ( see People v. Kazepis, 101 A.D.2d 816).
The defendant was not denied meaningful representation ( see People v. Ford, 86 N.Y.2d 397; People v. Baldi, 54 N.Y.2d 137).
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.