| People v Delpesce |
| 2009 NY Slip Op 09673 [68 AD3d 1131] |
| December 22, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Matthew Delpesce, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), forrespondent.
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 imposedby the same court upon a finding that he had violated conditions thereof, upon his admission, andimposing a sentence of imprisonment and postrelease supervision upon his previous convictionof attempted burglary in the second degree.
Ordered that the amended judgment is affirmed.
Since "the defendant admitted to the violation[s] of probation with a full understanding thathe 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" (Peoplev Grzywaczewski, 61 AD3d 699, 700 [2009]; see People v Trias, 50 AD3d 828,828-829 [2008]). In any event, the resentence was not excessive (see People v Hobson,43 AD3d 1179, 1180 [2007]; People v Costanza, 36 AD3d 829, 830 [2007];People v Arogundy, 112 AD2d 1003, 1004 [1985]; People v Suitte, 90 AD2d 80[1982]). Mastro, J.P., Balkin, Belen and Chambers, JJ., concur.