People v Cash

2009 NY Slip Op 05567 [63 AD3d 1177]

June 30, 2009

Appellate Division, Second Department

As corrected through Wednesday, August 5, 2009

The People of the State of New York,Respondent, v Gerald A. Cash, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.),rendered May 14, 2007, convicting him of robbery in the third degree (three counts), upon hisplea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Since the defendant pleaded guilty with the understanding that he would receive the sentencewhich was thereafter actually imposed, he has no basis to now complain that his sentence wasexcessive (see People v De Alvarez, 59 AD3d 732 [2009]; People v Fanelli, 8AD3d 296 [2004]; People v Mejia, 6 AD3d 630, 631 [2004]; People v Kazepis,101 AD2d 816 [1984]). Skelos, J.P., Florio, Balkin, Belen and Austin, JJ., concur.