Opinion
2018-2444 K CR
07-02-2021
The People of the State of New York, Respondent, v. Jose Lopez, Appellant.
Appellate Advocates (Mark W. Vorkink of counsel), for appellant. Kings County District Attorney (Leonard Joblove, Amy Appelbaum and Daniel Berman of counsel), for respondent.
Unpublished Opinion
MOTION DECISION
Appellate Advocates (Mark W. Vorkink of counsel), for appellant.
Kings County District Attorney (Leonard Joblove, Amy Appelbaum and Daniel Berman of counsel), for respondent.
PRESENT THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, DONNA-MARIE E. GOLIA, JJ
Appeal by defendant, as limited by the brief, from a sentence of the Criminal Court of the City of New York, Kings County (Michael J. Yavinsky, J.), imposed November 5, 2018, upon his conviction of assault in the third degree, upon his plea of guilty.
ORDERED that the sentence is affirmed.
Pursuant to a plea and sentencing agreement, defendant pleaded guilty to assault in the third degree (Penal Law § 120.00 [1]) and was sentenced to a three-year term of probation. Defendant's sole contention on appeal is that his sentence is excessive and, in the interest of justice, the term of his probation should be reduced because it was his first arrest, the complainant did not require medical treatment, and defendant was intoxicated at the time of the incident.
Generally, a defendant who has been sentenced according to the terms of a bargained-for plea and sentencing agreement "has no basis to now complain that his sentence was excessive" (People v Kazepis, 101 A.D.2d 816, 817 [1984]; see also People v Galvez, 72 A.D.3d 838 [2010]; People v Ubiles, 59 A.D.3d 572 [2009]; People v Datcher, 64 Misc.3d 134 [A], 2019 NY Slip Op 51095[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; People v Vargas, 60 Misc.3d 131 [A], 2018 NY Slip Op 51000[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]). Under the circumstances presented, we find no basis to deviate from this rule. Defendant has not demonstrated the existence of mitigating or extraordinary circumstances warranting a modification of the sentence in the interest of justice (see People v Farrar, 52 N.Y.2d 302 [1981]; People v Vega, 73 A.D.3d 1218 [2010]; People v Suitte, 90 A.D.2d 80 [1982]; People v Datcher, 64 Misc.3d 134 [A], 2019 NY Slip Op 51095[U]).
Accordingly, the sentence is affirmed.
ALIOTTA, P.J., ELLIOT and GOLIA, JJ., concur.