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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROMULO LEON, Appellant.

Ordered that the judgment is affirmed.

The sentence imposed was the sentence that the defendant had bargained for and agreed to as part of his negotiated plea. Thus, the defendant may not now complain that the sentence was excessive (People v. Corbin, 175 A.D.2d 171; People v. Kazepis, 101 A.D.2d 816). In any event, under the circumstances of this case, the sentence was not excessive (People v. Suitte, 90 A.D.2d 80).

The defendant additionally asserts that vacatur of the plea is required as a result of the court's promise that it would consider the imposition of a lesser sentence after it reviewed the presentence report. Under the circumstances of this case, this argument is without merit (see, People v. Lowe, 150 A.D.2d 801; People v. Reyes, 144 A.D.2d 394). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.

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PEOPLE v. LEON
(Sep 23, 1991)