People v Quiridumbay-Jerez
2011 NY Slip Op 07458 [88 AD3d 914]
October 18, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


The People of the State of New York, Respondent,
v
Jose Quiridumbay-Jerez, Appellant.

—[*1] 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.

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 [2011]; People v Bunn, 79 AD3d 1143, 1143-1144 [2010]; People v Kazepis, 101 AD2d 816, 817 [1984]). Mastro, J.P., Balkin, Chambers and Sgroi, JJ., concur.