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.