Opinion
No. 570072/18
02-22-2024
The People of the State of New York, Respondent, v. Miguel Mercado, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Perez, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Steven J. Hornstein, J., at plea; Frances Y. Wang, J., at sentencing), rendered September 11, 2017, convicting him, upon his plea of guilty, of driving while intoxicated, and sentencing him, inter alia, to a fine of $750.
Judgment of conviction (Steven J. Hornstein, J., at plea; Frances Y. Wang, J. at sentencing), rendered September 11, 2017, affirmed.
The sentence was not excessive. 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 resentencing (see People v Toledo, 101 A.D.3d 571 [2012], lv denied 21 N.Y.3d 947 [2013]).
All concur.