Opinion
No. 570791/18
09-30-2022
The People of the State of New York, Respondent, v. Joseph Reid, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Brigantti, J.P., Tisch, Michael, JJ.
PER CURIAM
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Joanne B. Watters, J.), rendered September 5, 2018, convicting him, upon a plea of guilty, of driving while intoxicated and unlicensed driving, and sentencing him, inter alia, to a fine of $875.
Judgment of conviction (Joanne B. Watters, J.), rendered September 5, 2018, affirmed.
We are unpersuaded that the bargained-for sentence imposed upon defendant's conviction for driving while intoxicated (see Vehicle and Traffic Law § 1192[3]) and unlicensed driving (see Vehicle and Traffic Law § 509[1]), including the payment of a $875 fine, was unduly harsh or severe, and find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Fair, 33 A.D.3d 558 [2006], lv denied 8 N.Y.3d 945 [2007]). Defendant was sentenced in accordance with his negotiated plea and should not now "be heard to complain that he received what he bargained for" (id., quoting People v Chambers, 123 A.D.2d 270 [1986]). 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 re-sentencing (see People v Toledo, 101 A.D.3d 571 [2012], lv denied 21 N.Y.3d 947 [2013]).
All concur