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People v. Morales

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Apr 12, 2016
2016 N.Y. Slip Op. 50522 (N.Y. App. Term 2016)

Opinion

571101/13

04-12-2016

The People of the State of New York, Respondent, v. Anastasio Morales, Defendant-Appellant.


PRESENT: Lowe, III, P.J., Schoenfeld, Ling-Cohan, JJ.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Melissa C. Jackson, J., at plea; Erika M. Edwards, at sentencing), rendered October 7, 2013, convicting him, upon a plea of guilty, of unlicensed driving, and sentencing him to a fine of $200.

Per Curiam.

Judgment of conviction (Melissa C. Jackson, J., at plea; Erika M. Edwards, at sentencing), rendered October 7, 2013, affirmed.

We are unpersuaded that the bargained for sentence imposed in accordance with defendant's plea agreement, viz, payment of a $200 fine, was excessive. "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 nature of the felony offense originally charged and the absence of extraordinary circumstances, it cannot be said that the monetary sentence imposed was either harsh or excessive (see People v Higgins, 19 AD3d 877 [2005], lv denied 5 NY3d 828 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concurI concurI concur Decision Date: April 12, 2016


Summaries of

People v. Morales

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Apr 12, 2016
2016 N.Y. Slip Op. 50522 (N.Y. App. Term 2016)
Case details for

People v. Morales

Case Details

Full title:The People of the State of New York, Respondent, v. Anastasio Morales…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Apr 12, 2016

Citations

2016 N.Y. Slip Op. 50522 (N.Y. App. Term 2016)