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People v. Campbell

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 5, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
MICHAEL L. CAMPBELL, APPELLANT.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered January 30, 2009, convicting him of assault in the first degree and burglary in the first degree, upon his plea of guilty, and imposing sentence.

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.

STEVEN W. FISHER, J.P., FRED T. SANTUCCI, THOMAS A. DICKERSON, CHERYL E. CHAMBERS and PLUMMER E. LOTT, JJ.

(Ind. No. 73/08)

DECISION & ORDER

ORDERED that the judgment 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 Cash, 63 AD3d 1177; People v Domin, 13 AD3d 391; People v Kazepis, 101 AD2d 816, 817).

FISHER, J.P., SANTUCCI, DICKERSON, CHAMBERS and LOTT, JJ., concur.

20100105

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