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People v. Torres

NEW YORK SUPREME COURT, APPELLATE DIVISION, SECOND DEPARTMENT


January 19, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
WILFREDO TORRES, APPELLANT.

Appeals by the defendant from two judgments of the County Court, Rockland County (Bartlett, J.), both rendered April 29, 2008, convicting him of criminal possession of a controlled substance in the third degree and conspiracy in the fourth degree under Indictment No. 07-00378, and conspiracy in the fourth degree under Indictment No. 07-00329, upon his pleas of guilty, and imposing sentences.

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.

REINALDO E. RIVERA, J.P., JOSEPH COVELLO, DANIEL D. ANGIOLILLO, JOHN M. LEVENTHAL and SHERI S. ROMAN, JJ.

(Ind. Nos. 07-00378, 07-00329)

DECISION & ORDER

ORDERED that the judgments are affirmed.

The defendant pleaded guilty with the full understanding that he would receive the sentences actually imposed and, therefore, he has no basis now to complain that his sentences were excessive (see People v Kazepis, 101 AD2d 816, 817; People v Ubiles, 59 AD3d 572; People v Grigg, 53 AD3d 629, 630). In any event, under the circumstances, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80).

RIVERA, J.P., COVELLO, ANGIOLILLO, LEVENTHAL and ROMAN, JJ., concur.

20100119

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