People v Campbell
2010 NY Slip Op 00166 [69 AD3d 645]
January 5, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 10, 2010


The People of the State of New York, Respondent,
v
Michael L. Campbell, Appellant.

—[*1] Jacobowitz and Gubits, LLP, Walden, N.Y. (David Gandin of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered January 30, 2009, convicting him of assault in the first degree and burglary in the first degree, 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 to now complain that his sentence was excessive (see People v Cash, 63 AD3d 1177 [2009]; People v Domin, 13 AD3d 391 [2004]; People v Kazepis, 101 AD2d 816, 817 [1984]). Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.