Opinion
570049/15
09-27-2017
The People of the State of New York, Respondent, v. Juan Ramirez, Defendant-Appellant.
PRESENT: Lowe, III, P.J., Shulman, Gonzalez, JJ.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Jeanette Rodriguez-Morick, J.) rendered September 26, 2014, convicting him, upon a plea of guilty, of criminal trespass in the second degree, and sentencing him, inter alia, to three years' probation.
Per Curiam.
Judgment of conviction (Jeanette Rodriguez-Morick, J.), rendered September 26, 2014, affirmed.
Defendant seeks an "interest of justice" reduction in the probationary portion of the bargained-for sentence imposed in accordance with his plea agreement. "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 serious nature of the charged conduct, 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]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur I concur I concur Decision Date: September 27, 2017