Opinion
August 8, 1994
Appeal from the County Court, Suffolk County (Weissman, J.).
Ordered that the resentence is affirmed.
The defendant pleaded guilty to two counts of robbery in the first degree upon an agreement whereby he would be sentenced as a second felony offender to concurrent terms of 7 to 14 years imprisonment, and was sentenced accordingly. On appeal, this Court vacated the defendant's sentence, and remitted the matter to the County Court for resentencing upon a finding that it was improper to sentence the defendant as a second felony offender because his prior New Jersey conviction was not the equivalent of a New York felony (see, People v Wallace, 188 A.D.2d 499). Upon resentencing, the court initially indicated a desire to impose concurrent indeterminate sentences of 7 to 21 years imprisonment, based upon its determination that a minimum term of imprisonment of 7 years, to which the defendant had originally agreed, was appropriate. The defense counsel stated, in open court, that he had discussed a sentence of 6 to 18 years imprisonment with his client, and that the defendant was willing to accept such a sentence. The defendant himself asserted that he knew the law and that he had only challenged his original sentence because he did not believe that he should have been sentenced as a second felony offender. The court subsequently imposed the agreed-upon sentence of 6 to 18 years imprisonment. The defendant having voiced his consent to the resentence, he cannot now be heard to complain that the resentence imposed was inappropriate (see, People v. Pena, 158 A.D.2d 480; see also, People v. Kazepis, 101 A.D.2d 816). Sullivan, J.P., Lawrence, Pizzuto and Joy, JJ., concur.