| People v Pena (Joaquin) |
| 2007 NY Slip Op 51053(U) [15 Misc 3d 141(A)] |
| Decided on May 23, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Ralph Fabrizio, J.), rendered April 9, 2006, convicting him, upon a plea of guilty, of criminal possession of Marihuana in the fifth degree, and sentencing him to a $150 fine.
PER CURIAM:
Judgment of conviction (Ralph Fabrizio, J.), rendered April 9, 2006, affirmed.
In view of defendant's failure to object to the imposition of the fine at the time of sentencing or to move for resentencing pursuant to CPL 420.10(5), his present challenge to the fine based upon claimed indigency is unpreserved for appellate review (see People v Ruz, 70 NY2d
942 [1988]; People v Acevedo, 243 AD2d 572 [1997], lv denied, 91 NY2d 868 [1997]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 23, 2007