Opinion
571042/15
06-11-2021
The PEOPLE of the State of New York, Respondent, v. Martin FLORES, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Herbert J. Adlerberg, J.), rendered October 9, 2015, affirmed.
On this record, we are unpersuaded that the bargained-for sentence imposed - payment of a $500 fine - was unduly harsh or severe, and find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Fair , 33 AD3d 558 [2006], lv denied 8 NY3d 945 [2007] ). The defendant was sentenced in accordance with his bargained-for plea and should not now "be heard to complain that he received what he bargained for" (id. , quoting People v Chambers , 123 AD2d 270 [1986] ). Although defendant now claims that he is indigent, he never sought relief from the fine by way of a CPL 420.10(5) motion for re-sentencing (see People v Toledo , 101 AD3d 571 [2012], lv denied 21 NY3d 947 [2013] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
All concur