Opinion
2021-50544
06-11-2021
The People of the State of New York, Respondent, v. Martin Flores, Defendant-Appellant.
Unpublished Opinion
PRESENT: McShan J.P., Brigantti, Hagler JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Herbert J. Adlerberg, J.), rendered October 9, 2015, convicting him, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the third degree, and sentencing him to a $500 fine.
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 A.D.3d 558 [2006], lv denied 8 N.Y.3d 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 A.D.2d 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 A.D.3d 571 [2012], lv denied 21 N.Y.3d 947 [2013]).