People v Ubiles
2009 NY Slip Op 01148 [59 AD3d 572]
February 10, 2009
Appellate Division, Second Department
As corrected through Wednesday, April 1, 2009


The People of the State of New York,Respondent,
v
Joshua Ubiles, Appellant.

[*1]Randall Richards, Bronxville, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Michael Jeffrey Ashraf, RichardLongworth Hecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County(Zambelli, J.), rendered February 20, 2001, as amended May 31, 2006, convicting him ofmanslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

The defendant pleaded guilty with the full understanding that he would receive the sentenceactually imposed, and, therefore, he has "no basis now to complain that his sentence wasexcessive" (People v Kazepis, 101 AD2d 816, 817 [1984]; see People vMartinez, 286 AD2d 447 [2001]; People v Allen, 269 AD2d 534 [2000]). In anyevent, under the circumstances of this case the sentence imposed was not excessive (seePeople v Suitte, 90 AD2d 80 [1982]). Spolzino, J.P., Ritter, Covello, McCarthy and Belen,JJ., concur.


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