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PEOPLE v. RODRIGUEZ

179 A.D.2d 789 (1992)

The People of the State of New York, Respondent, v. Abelardo O. Rodriguez, Appellant

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

January 21, 1992

Ordered that the sentence is modified, on the law, by vacating the provision thereof requiring that the defendant make restitution in the sum of $2,000; as so modified, the sentence is affirmed.

The record indicates that the defendant pleaded guilty with the understanding he would receive the sentence which was thereafter actually imposed. Accordingly, he has no basis to now complain that his sentence was excessive (

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