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People v. Gonzalez

Supreme Court, Appellate Term, New York, FIRST DEPARTMENT.
Jan 23, 2019
62 Misc. 3d 141 (N.Y. App. Term 2019)

Opinion

570177/17

01-23-2019

The PEOPLE of the State of New York, Respondent, v. Justin GONZALEZ, Defendant-Appellant.


Per Curiam.

Judgment of conviction (Kevin B. McGrath, J.), rendered March 9, 2017, affirmed.

Defendant seeks an "interest of justice" reduction in the probationary period imposed in accordance with his plea agreement. "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 AD2d 270, 270 [1986] ). Given the serious nature of the charged conduct and the absence of extraordinary circumstances, it cannot be said that the sentence of three years' probation was either harsh or excessive (see People v. Higgins , 19 AD3d 877 [2005], lv denied 5 NY3d 828 [2005] ).


Summaries of

People v. Gonzalez

Supreme Court, Appellate Term, New York, FIRST DEPARTMENT.
Jan 23, 2019
62 Misc. 3d 141 (N.Y. App. Term 2019)
Case details for

People v. Gonzalez

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Justin GONZALEZ…

Court:Supreme Court, Appellate Term, New York, FIRST DEPARTMENT.

Date published: Jan 23, 2019

Citations

62 Misc. 3d 141 (N.Y. App. Term 2019)
112 N.Y.S.3d 849