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People v. Tucker

Supreme Court, Appellate Term, First Department, New York.
Sep 12, 2016
41 N.Y.S.3d 721 (N.Y. App. Term 2016)

Opinion

No. 16–228.

09-12-2016

The PEOPLE of the State of New York, Respondent, v. Tyriek TUCKER, Defendant–Appellant.


Judgment of conviction (Laurie Peterson, J.), rendered October 14, 2015, affirmed.

We are unpersuaded that the bargained for sentence imposed—payment of a $75 fine—was harsh or excessive. “Ordinarily ... where defendant effects a plea bargain and receives the precise sentence that was promised, he should not later be heard to complain that he received what he bargained for” (People v. Fair, 33 AD3d 558, 558 [2006], lv denied 8 NY3d 945 [2007], quoting People v. Chambers, 123 A.D.2d 270, 270 [1986] ). Although defendant claims that he is indigent, he never sought relief from the fine by way of a CPL 420.10(5) motion for resentencing (see People v. Toledo, 101 AD3d 571 [2012], lv denied 21 NY3d 947 [2013] ) and, indeed, has paid the fine.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.


Summaries of

People v. Tucker

Supreme Court, Appellate Term, First Department, New York.
Sep 12, 2016
41 N.Y.S.3d 721 (N.Y. App. Term 2016)
Case details for

People v. Tucker

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Tyriek TUCKER…

Court:Supreme Court, Appellate Term, First Department, New York.

Date published: Sep 12, 2016

Citations

41 N.Y.S.3d 721 (N.Y. App. Term 2016)