From Casetext: Smarter Legal Research

People v. Velasquez

Supreme Court, Appellate Term, First Department, New York.
Jan 11, 2016
28 N.Y.S.3d 650 (N.Y. App. Term 2016)

Opinion

No. 570607/13.

01-11-2016

The PEOPLE of the State of New York, Respondent, v. Maritza VELASQUEZ, Defendant–Appellant.


Opinion

PER CURIAM.

Judgment of conviction (Melissa A. Crane, J., at plea; Alexander M. Tisch, J., at sentencing), rendered March 28, 2013, affirmed.

Defendant seeks an “interest of justice” reduction in the bargained for sentence imposed in accordance with her plea agreement, viz., a three year probationary term. “Ordinarily ... where defendant effects a plea bargain and receives the precise sentence that was promised, [s]he should not later be heard to complain that [s]he received what [s]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] ). Given the serious nature of the felony offense originally charged and the absence of extraordinary circumstances, it cannot be said that the probationary sentence imposed was either harsh or excessive (see People v. Higgins, 19 AD3d 877 [2005], lv denied 5 NY3d 828 [2005] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.


Summaries of

People v. Velasquez

Supreme Court, Appellate Term, First Department, New York.
Jan 11, 2016
28 N.Y.S.3d 650 (N.Y. App. Term 2016)
Case details for

People v. Velasquez

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Maritza VELASQUEZ…

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

Date published: Jan 11, 2016

Citations

28 N.Y.S.3d 650 (N.Y. App. Term 2016)