Opinion
December 10, 1990
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
As the defendant disembarked at Kennedy Airport from a flight from Colombia, South America, a Customs official conducted a routine search of his luggage and discovered two unusually heavy aerosol hairspray cans. In a private search room, another Customs official punctured the cans and found each of them to contain solid blocks of cocaine. Contrary to the defendant's contention, we find that the cocaine was properly seized pursuant to a reasonable border search (see, United States v. Montoya de Hernandez, 473 U.S. 531; People v. Luna, 73 N.Y.2d 173).
We find there is no merit to the defendant's contention that his sentence should be reduced to the legal minimum simply because he is an alien subject to deportation upon his release from prison. In any event, the defendant, with the assistance of counsel, availed himself of a very favorable plea agreement. The record demonstrates that the defendant knowingly and voluntarily entered his plea of guilty and there is no indication that the plea was improvident or baseless (see, People v. Harris, 61 N.Y.2d 9; People v. Caban, 131 A.D.2d 863). Furthermore, the defendant received the sentence that had been promised. Accordingly, he will not now be heard to complain that the sentence was excessive (see, People v. Kazepis, 101 A.D.2d 816). Mangano, P.J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.