| People v Rabsatt |
| 2010 NY Slip Op 00994 [70 AD3d 863] |
| February 9, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rodney Rabsatt, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Camille O'HaraGillespie of counsel; Xiaobo Chen on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.),rendered May 16, 2005, convicting him of murder in the second degree, upon his plea of guilty,and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improvidently exercise itsdiscretion in permitting several of the deceased victim's family members, and one long-timefriend, to speak at sentencing (see People v Hemmings, 2 NY3d 1 [2004]; People v Harrington, 14 AD3d944 [2005]). CPL 380.50 (2), which gives victims of felony offenses a statutory right tomake a statement at sentencing, does not "restrict a sentencing court's discretionary authority toallow others close to the victim to address the court" (People v Hemmings, 2 NY3d at 6).Moreover, the defendant received the sentence promised to him in the plea agreement and, thus,was not prejudiced by the victim impact statements.
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 the sentence wasexcessive (see People v Petteway, 69 AD3d 656 [2010]; People v De Alvarez, 59 AD3d732, 733 [2009]; People v Kazepis, 101 AD2d 816, 817 [1984]). In any event, thesentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Covello,J.P., Santucci, Miller and Eng, JJ., concur.