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PEOPLE v. BANKS

Appellate Division of the Supreme Court of New York, Second Department.
Nov 24, 1997

Ordered that the judgment is affirmed.

The defendants' pro se contention that the Supreme Court intimidated him into refraining from moving to withdraw his plea of guilty is premised upon matters dehors the record and thus cannot be resolved on a direct appeal from the judgment ( see, People v. Otero, 201 A.D.2d 675).

The defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed. Under the circumstances of this case, the defendant has no basis now to complain that the sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816).

Mangano, P. J., Copertino, Joy, Florio and Luciano, JJ., concur.