People v Johnson (Donovan)
2003 NY Slip Op 51362(U)
Decided on October 27, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, First Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Crimes—Appeal—-Academic and Moot Questions

Decided on October 27, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570655/02

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

DONOVAN JOHNSON,


[*2]Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court, New York County, rendered August 7, 2001 (Ruth Levine Sussman, J.) convicting him, upon a plea of guilty, of petit larceny (Penal Law § 155.25), and sentencing him to a conditional discharge.


PER CURIAM:

Judgment of conviction rendered August 7, 2001 (Ruth Sussman Levine, J.) affirmed.

Inasmuch as defendant completed the sentence imposed in connection with his guilty plea, his argument that it was excessive is moot (see, People v La Motte, 285 AD2d 814, 817). In any event, the record does not establish that defendant's negotiated sentence — a conditional discharge — was based on any improper criteria and we perceive no basis for reduction of sentence. "Having received the benefit of his bargain, defendant should be bound by its terms." (People v Felman, 141 AD2d 889, 890, lv denied 72 NY2d 918.)

This constitutes the decision and order of the court.