Opinion
No. 2022-545 OR CR
03-09-2023
The People of the State of New York, Respondent, v. Robert Johnson, Appellant.
Richard L. Herzfeld, for appellant. Orange County District Attorney (Andrew R. Kass of counsel), for respondent.
Unpublished Opinion
Richard L. Herzfeld, for appellant.
Orange County District Attorney (Andrew R. Kass of counsel), for respondent.
PRESENT: JERRY GARGUILO, P.J., TIMOTHY S. DRISCOLL, JAMES P. McCORMACK, JJ
Appeal by defendant, as limited by the brief, from a sentence of the City Court of Middletown, Orange County (Steven W. Brockett, J.), imposed April 12, 2022, upon his conviction of criminal possession of a controlled substance in the seventh degree, following his plea of guilty.
ORDERED that the sentence is affirmed.
In October 2020, defendant was charged by misdemeanor complaint with criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). In November 2021, defendant, while represented by counsel, entered into a negotiated plea agreement, pursuant to which defendant would plead guilty to the offense charged in exchange for his commitment to complete a drug treatment program. Defendant was informed at the time of the plea that, if he failed to complete the program, he could be sentenced to a term of up to one year, which would run consecutively to a sentence imposed on another docket, also convicting defendant, upon a plea of guilty, of criminal possession of a controlled substance in the seventh degree. When defendant failed to complete the treatment program, he was sentenced to a term of 90 days, to run consecutively to the sentence imposed on the other docket.
On appeal, defendant contends that the sentence imposed was excessive. Since defendant received the sentence for which he negotiated, he has no cause to complain on appeal (see People v Langston, 31 Misc.3d 152 [A], 2011 NY Slip Op 51131[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2011]). In any event, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80 [1982]).
Accordingly, the sentence is affirmed.
GARGUILO, P.J., DRISCOLL and McCORMACK, JJ., concur.