People v Vasquez
2007 NY Slip Op 04151 [40 AD3d 786]
May 8, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 11, 2007


The People of the State of New York, Respondent,
v
Edwin Vasquez, Appellant.

[*1] Bridget Fleming, Sag Harbor, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered February 18, 2005, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Under the circumstances of this case, 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 Kazepis, 101 AD2d 816 [1984]). Rivera, J.P., Spolzino, Fisher, Lifson and Dickerson, JJ., concur.