People v McCants
2010 NY Slip Op 04416 [73 AD3d 1086]
May 18, 2010
Appellate Division, Second Department
As corrected through Wednesday, June 30, 2010


The People of the State of New York,Respondent,
v
Cedric McCants, Appellant.

[*1]Andrew E. MacAskill, Westbury, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Cristin N. Connell and Jason P.Weinstein of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Honorof,J.), rendered September 9, 2008, convicting him of burglary in the third degree (six counts),upon a plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the determination that the police possessed probablecause to arrest him was adequately supported by the record (see CPL 140.10 [1] [b]; People v Bethune, 65 AD3d 749[2009]; People v Vega, 56 AD3d578 [2008]; People v Wright, 8AD3d 304, 307 [2004]).

The Supreme Court did not improvidently exercise its discretion in sentencing the defendantto an aggregate indeterminate term of incarceration of 12 to 24 years for the crimes to which hepleaded guilty. The record reveals no extraordinary circumstances warranting a reduction of thesentence in the interest of justice (seePeople v Bussey, 67 AD3d 819 [2009]). In addition, since the defendant received thebargained-for sentence, he cannot now be heard to complain that the sentence was excessive (see People v Rodriguez, 32 AD3d481 [2006]; People vDemosthene, 21 AD3d 384 [2005]; People v Fanelli, 8 AD3d 296 [2004]). Dillon, J.P., Santucci, Halland Lott, JJ., concur.


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