The People, etc., respondent, v. Wilfredo Torres, appellant. (2010)

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

The People, etc., respondent, v. Wilfredo Torres, appellant.

2008-05017 2010-00416 (Ind.Nos. 07-00378, 07-00329)

Decided: January 19, 2010

REINALDO E. RIVERA, J.P. JOSEPH COVELLO DANIEL D. ANGIOLILLO JOHN M. LEVENTHAL SHERI S. ROMAN, JJ.

Ellen O'Hara Woods, Nyack, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

Submitted-December 16, 2009

DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Rockland County (Bartlett, J.), both rendered April 29, 2008, convicting him of criminal possession of a controlled substance in the third degree and conspiracy in the fourth degree under Indictment No. 07-00378, and conspiracy in the fourth degree under Indictment No. 07-00329, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant pleaded guilty with the full understanding that he would receive the sentences actually imposed and, therefore, he has no basis now to complain that his sentences were excessive (see People v. Kazepis, 101 A.D.2d 816, 817; People v. Ubiles, 59 AD3d 572; People v. Grigg, 53 AD3d 629, 630). In any event, under the circumstances, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80).

RIVERA, J.P., COVELLO, ANGIOLILLO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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