People v Scala
2011 NY Slip Op 07464 [88 AD3d 916]
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
Hugh Scala, Appellant.

—[*1] James Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant, and appellant pro se.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Bartlett, J.), rendered August 7, 2007, convicting him of criminal sexual act in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Since the defendant knowingly, voluntarily, and intelligently 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]). In any event, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 83 [1982]). Rivera, J.P., Florio, Eng, Hall and Cohen, JJ., concur.