The People, etc., respondent, v. James Page, also known as “Maleek,” appellant.

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

The People, etc., respondent, v. James Page, also known as “Maleek,” appellant.

2008-01669 (Ind.No. 108/07)

Decided: October 26, 2010

REINALDO E. RIVERA, J.P. JOSEPH COVELLO RANDALL T. ENG JOHN M. LEVENTHAL LEONARD B. AUSTIN, JJ. Carol Kahn, New York, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

Submitted-October 6, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered January 17, 2008, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

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 (see People v. Fanelli, 8 AD3d 296;  People v. Mejia, 6 AD3d 630, 631;  People v. Kazepis, 101 A.D.2d 816).   In any event, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

RIVERA, J.P., COVELLO, ENG, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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