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THE PEOPLE, ETC., respondent, v. FRANK FANELLI, A/K/A DOMINIC FANELLI, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's sentence was part of a negotiated plea agreement. Accordingly, he has no basis to complain that the sentence was excessive ( see People v. Coolbaugh, 129 A.D.2d 584; People v. Kazepis, 101 A.D.2d 816).

The defendant's remaining contentions, including those set forth in his supplemental pro se brief, either are unpreserved for appellate review or without merit.

KRAUSMAN, J.P., LUCIANO, COZIER and SPOLZINO, JJ., concur.

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PEOPLE v. FANELLI
(Jun 1, 2004)