Opinion
No. 2012–148 K CR.
2014-06-18
The PEOPLE of the State of New York, Respondent, v. Elder TAYLOR, Appellant.
Present: PESCE, P.J., SOLOMON and ELLIOT, JJ.
Appeal, as limited by the brief, from a sentence of the Criminal Court of the City of New York, Kings County (William Miller, J.), imposed January 9, 2012, upon defendant's conviction of aggravated unlicensed operation of a motor vehicle in the third degree, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Defendant pleaded guilty to aggravated unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511[1] ) and received the agreed-upon sentence of a conditional discharge and a $250 fine. As the record does not indicate that extraordinary circumstances exist warranting a modification of the sentence in the interest of justice, or that the Criminal Court improvidently exercised its discretion by imposing a harsh sentence, particularly where the Criminal Court imposed the agreed-upon $250 fine, where the minimum fine that could be imposed was $200, and the maximum fine that could be imposed was $500 ( see Vehicle and Traffic Law § 511[1][a], [b]; People v. Cooper, 17 A.D.3d 380 [2005]; People v. Smith, 201 A.D.2d 804, 805 [1994]; People v. Hick, 30 Misc.3d 132[A], 2010 N.Y. Slip Op 52353 [U] [App Term, 9th & 10th Jud Dists 2010]; see also People v. Delgado, 80 N.Y.2d 780, 783 [1992]; People v. Vega, 73 A.D.3d 1218, 1218–1219 [2010]; People v. Torres, 69 A.D.3d 886, 887 [2010]; People v. Suitte, 90 A.D.2d 80 [1982]; People v. Barnes, 32 Misc.3d 134[A], 2011 N.Y. Slip Op 51454 [U] [App Term, 9th & 10th Dists 2011] ), the sentence is affirmed.