[*1]
People v Johnson (Carl)
2004 NY Slip Op 50420(U)
Decided on May 5, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 5, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. WILLIAM J. DAVIS, Justices.
570337/01

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

CARL JOHNSON, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, New York County, rendered March 12, 2001 (Judith A. Levitt, J.) convicting him, upon his plea of guilty, of menacing in the second degree (Penal Law § 120.14[1]), and sentencing him to three years' probation.


PER CURIAM:

Judgment of conviction rendered March 12, 2001 (Judith A. Levitt, J.) affirmed.

The probationary sentence imposed in connection with defendant's plea bargain was not unduly harsh or excessive. "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 [1988].)

This constitutes the decision and order of the court.