People v Williams

2010 NY Slip Op 00889 [70 AD3d 733]

February 2, 2010

Appellate Division, Second Department

As corrected through Wednesday, March 31, 2010

The People of the State of New York,Respondent, v Anton Williams, Appellant.

—[*1]James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.),rendered November 14, 2007, convicting him of robbery in the third degree, upon his plea ofguilty, and imposing sentence.

Ordered that the judgment is affirmed.

Since the defendant pleaded guilty with the express understanding that if he failed tosuccessfully complete a Drug Treatment Alternative-to-Prison Program, the County Court wouldimpose the enhanced sentence of which he now complains, he has "no basis now to complainthat his sentence was excessive" (People v Melendez-Smith, 66 AD3d 1042, 1043 [2009]; seePeople v Kazepis, 101 AD2d 816, 817 [1984]; People v Billups, 63 AD3d 750 [2009]). In any event, under thecircumstances, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Rivera, J.P., Covello, Angiolillo, Leventhal and Roman, JJ., concur.