People v Vargas
2004 NY Slip Op 01052 [3 AD3d 835]
February 17, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 21, 2004


The People of the State of New York, Respondent,
v
Edward Vargas, Appellant.

—Appeal by the defendant from an amended sentence of the County Court, Orange County (DeRosa, J.), imposed June 12, 2002, revoking a sentence of probation previously imposed by the same court upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of driving while intoxicated in violation of Vehicle and Traffic Law § 1192.

Ordered that the amended sentence 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 the sentence was excessive and should be modified (see People v Kazepis, 101 AD2d 816 [1984]).

The defendant was not denied meaningful representation (see People v Ford, 86 NY2d 397 [1995]; People v Baldi, 54 NY2d 137 [1981]). Santucci, J.P., Goldstein, Schmidt and Cozier, JJ., concur.