PEOPLE v. DELPESCE

Appellate Division of the Supreme Court of New York, Second Department.

Dec 22, 2009

Judgment

CaseIQ

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Ordered that the amended judgment is affirmed.

Since "the defendant admitted to the violation[s] of probation with a full understanding that he 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" ( People v Grzywaczewski, 61 AD3d 699, 700; see People v Trias, 50 AD3d 828, 828-829). In any event, the resentence was not excessive ( see People v Hobson, 43 AD3d 1179, 1180; People v Costanza, 36 AD3d 829, 830; People v Arogundy, 112 AD2d 1003, 1004; People v Suitte, 90 AD2d 80).