People v Johnson

People v Johnson 2011 NY Slip Op 00705 Decided on February 1, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 1, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
2010-04748
(Ind. No. 233/04)

[*1]The People, etc., respondent,

v

Robert E. Johnson, Jr., appellant.




Steven A. Feldman, Uniondale, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan
H. McCarthy of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from an amended judgment of the County Court, Dutchess County (Dolan, J.), rendered April 27, 2010, 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 criminal possession of a controlled substance in the fifth degree.

ORDERED that the amended judgment is affirmed.

Since the defendant admitted to the violation of probation with a full understanding that he would receive the term of imprisonment actually imposed at the time of sentencing, he has no basis now to complain that his sentence was excessive (see People v Delpesce, 68 AD3d 1131; People v Grzywaczewski, 61 AD3d 699, 700; People v Trias, 50 AD3d 828, 828-829; People v Kazepis, 101 AD2d 816, 817). In any event, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
MASTRO, J.P., ANGIOLILLO, BALKIN, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan [*2]

Clerk of the Court