PEOPLE v. UBILES (2009)

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

The PEOPLE, etc., respondent, v. Joshua UBILES, appellant.

Decided: February 10, 2009

ROBERT A. SPOLZINO, J.P., DAVID S. RITTER, JOSEPH COVELLO, WILLIAM E. McCARTHY, and ARIEL E. BELEN, JJ.

Randall Richards, Bronxville, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Michael Jeffrey Ashraf, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered February 20, 2001, as amended May 31, 2006, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment, as amended, is affirmed.

The defendant pleaded guilty with the full understanding that he would receive the sentence actually imposed, and, therefore, he has “no basis now to complain that his sentence was excessive” (People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351; see People v. Martinez, 286 A.D.2d 447, 730 N.Y.S.2d 246; People v. Allen, 269 A.D.2d 534, 704 N.Y.S.2d 490). In any event, under the circumstances of this case the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

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