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People v. Luis M.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 15, 2019
65 Misc. 3d 135 (N.Y. App. Term 2019)

Opinion

570838/18

10-15-2019

The PEOPLE of the State of New York, Respondent, v. LUIS M., Defendant-Appellant.


Per Curiam.

Judgment of conviction (Margaret W. Martin, J., at plea; Laurence E. Busching, J., at sentencing) rendered August 20, 2018, affirmed.

Regardless of whether defendant made a valid waiver of his right to appeal, we perceive no basis for reducing the probationary sentence imposed in accordance with his plea agreement on the third-degree assault conviction. "Ordinarily... where defendant effects a plea bargain and receives the precise sentence that was promised, he should not be later 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 [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. Luis M.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 15, 2019
65 Misc. 3d 135 (N.Y. App. Term 2019)
Case details for

People v. Luis M.

Case Details

Full title:The People of the State of New York, Respondent, v. Luis M.…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Oct 15, 2019

Citations

65 Misc. 3d 135 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51638
118 N.Y.S.3d 910