The People, etc., respondent, v. Jose Quiridumbay–Jerez, appellant. (2011)

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

The People, etc., respondent, v. Jose Quiridumbay–Jerez, appellant.

2010–05685

Decided: October 18, 2011

WILLIAM F. MASTRO, J.P. RUTH C. BALKIN CHERYL E. CHAMBERS SANDRA L. SGROI, JJ.

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Salvatore Perrotto on the brief), for respondent.

Submitted—October 5, 2011

DECISION & ORDER

(S.C.I. No. 10–00015)

Appeal by the defendant from a judgment of the County Court, Rockland County (Apotheker, J.), rendered May 3, 2010, convicting him of driving while intoxicated as a felony, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment 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 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 A.D.2d 816, 817).

MASTRO, J.P., BALKIN, CHAMBERS and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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