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PEOPLE v. DELPESCE

2009-02035

68 A.D.3d 1131 (2009)

2009 NY Slip Op 9673

890 N.Y.S.2d 342

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW DELPESCE, Appellant.

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

Decided December 22, 2009.

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 A.D.3d 699, 700 [2009]; see People v Trias, 50 A.D.3d 828<...

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