Opinion
No. 570132/16.
09-15-2017
The PEOPLE of the State of New York, Respondent, v. Mark POLLARD, Defendant–Appellant.
Judgment of conviction (Julio Rodriguez III, J., at plea; Armando Montano, J., at sentencing), rendered January 29, 2016, affirmed.
Defendant has already served his jail sentence, rendering his harsh and excessive claim moot to that extent (see People v. Buskey, 62 A.D.3d 1164, 1165 [2009] ; People v. La Motte, 285 A.D.2d 814, 817 [2001] ). Defendant's remaining challenges to his bargained-for sentence are unpersuasive. "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 A.D.3d 558, 558 [2006], lv denied 8 N.Y.3d 945 [2007], quoting People v. Chambers, 123 A.D.2d 270, 270 [1986] ). Given the violent and serious nature of the charged conduct, and the absence of extraordinary circumstances, it cannot be said that the sentence imposed was either harsh or excessive (see People v. Higgins, 19 A.D.3d 877 [2005], lv denied 5 N.Y.3d 828 [2005] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.