PEOPLE v. TICE (2005)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Leatress TICE, appellant.

Decided: March 14, 2005

HOWARD MILLER, J.P., THOMAS A. ADAMS, GLORIA GOLDSTEIN, and ROBERT A. SPOLZINO, JJ.

Salvatore C. Adamo, New York, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Catherine A. Walsh of counsel), for respondent.

Appeal by the defendant, as limited by his brief, from an amended sentence of the County Court, Orange County (DeRosa, J.), rendered October 29, 2002, revoking a sentence of probation imposed by the same court upon a finding that he violated a condition thereof, upon his admission, and imposing an indeterminate term of imprisonment of 2 to 6 years upon his previous conviction of criminal possession of a controlled substance in the fourth degree.

ORDERED that the amended sentence is affirmed.

The defendant's amended sentence was part of a negotiated plea agreement. Thus, he has no basis to complain that the amended sentence was excessive (see People v. Domin, 13 A.D.3d 391, 785 N.Y.S.2d 531; People v. Fanelli, 8 A.D.3d 296, 777 N.Y.S.2d 320; People v. Kazepis, 101 A.D.2d 816, 817, 475 N.Y.S.2d 351). His remaining contention is without merit (see United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621).

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