| People v Segundo (Jesus) |
| 2013 NY Slip Op 51045(U) [40 Misc 3d 127(A)] |
| Decided on July 2, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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,
New York County (Gerald Lebovits, J., at plea; Anthony J. Ferrara, J., at sentencing),
rendered January 12, 2012, convicting him, upon a plea of guilty, of petit larceny, and
sentencing him to three years of probation.
Per Curiam.
Judgment of conviction (Gerald Lebovits, J., at plea; Anthony J. Ferrara, J., at sentencing), rendered January 12, 2012, affirmed.
We are unpersuaded that the probationary sentence imposed was unduly harsh or severe. Given defendant's extensive criminal background and what defense counsel now acknowledges to be the "serious" nature of the underlying crime, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Fair, 33 AD3d 558, 558 [2006], lv denied 8 NY3d 945 [2007]; People v Higgins, 19 AD3d 877, 877 [2005], lv denied 5 NY3d 828 [2005]). Further, defendant was sentenced in accordance with his plea bargain, and should not now "be heard to complain that he received what he bargained for" (People v Fair, 33 AD3d at 558, quoting People v Chambers, 123 AD2d 270, 270 [1986]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 02, 2013