Appeal by the defendant from an amended judgment of the Supreme Court, Suffolk County (R. Doyle, J.), rendered February 17, 2009, revoking a sentence of probation previously imposed by the same court upon a finding that he had violated conditions thereof, upon his admission, and imposing a sentence of imprisonment and post-release supervision upon his previous conviction of attempted burglary in the second degree.
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.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, ARIEL E. BELEN & CHERYL E. CHAMBERS, JJ.
ORDERED that the amended judgment is affirmed.
Since "the defendant admitted to the violation[s] of probation with a full understanding that he would receive the term of imprisonment actually imposed at the time of resentencing, . . . he has no basis now to complain that his re-sentence was excessive" (People v Grzywaczewski, 61 AD3d 699, 700; see People v Trias, 50 AD3d 828, 828-829). In any event, the resentence was not excessive (see People v Hobson, 43 AD3d 1179, 1180; People v Costanza, 36 AD3d 829, 830; People v Arogundy, 112 AD2d 1003, 1004; People v Suitte, 90 AD2d 80).
MASTRO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.
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