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People v Sasson (Zohar)
2015 NY Slip Op 50737(U) [47 Misc 3d 147(A)]
Decided on May 18, 2015
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This opinion is uncorrected and will not be published in the printed Official Reports.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 18, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570092/13

The People of the State of New York, Respondent,

against

Zohar Sasson, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Jennifer G. Schecter, J.), rendered August 1, 2012, convicting him, upon a plea of guilty, of operating a motor vehicle while impaired, and sentencing him to a one year conditional discharge and a fine of $300.

Per Curiam.

Judgment of conviction (Jennifer G. Schecter, J.), rendered August 1, 2012, affirmed.

Defendant seeks an "interest of justice" reduction in the bargained for sentence imposed in accordance with his plea agreement, viz., a one-year conditional discharge and payment of a $300 fine. "Ordinarily ... where defendant effects a plea bargain and receives the precise sentence that was promised, he should not later be heard to complain that he received what he bargained for" (People v Fair, 33 AD3d 558, 558 [2006], lv denied 8 NY3d 945 [2007], quoting People v Chambers, 123 AD2d 270, 270 [1986]). Given the serious nature of the driving while intoxicated and other offenses originally charged, and the absence of extraordinary circumstances, it cannot be said that the sentence imposed was either harsh or excessive (see People v Higgins, 19 AD3d 877 [2005], lv denied 5 NY3d 828 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur


Decision Date: May 18, 2015