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People v. Poinsett

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 2003
1 A.D.3d 615 (N.Y. App. Div. 2003)

Opinion

2001-01653.

Submitted October 23, 2003.

November 24, 2003.

Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Rockland County (Nelson, J.), imposed January 19, 2001, on the ground that the sentence was excessive.

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan of counsel; Coleen Fortes on the brief), for respondent.

Before: FRED T. SANTUCCI, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.


DECISION ORDER

ORDERED that the 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 his sentence was excessive ( see People v. Williams, 306 A.D.2d 544; People v. Kazepis, 101 A.D.2d 816). In any event, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

SANTUCCI, J.P., McGINITY, SCHMIDT and ADAMS, JJ., concur.


Summaries of

People v. Poinsett

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 2003
1 A.D.3d 615 (N.Y. App. Div. 2003)
Case details for

People v. Poinsett

Case Details

Full title:THE PEOPLE, ETC., Respondent, v. DAMIAN POINSETT, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 24, 2003

Citations

1 A.D.3d 615 (N.Y. App. Div. 2003)
767 N.Y.S.2d 661