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People v Morales (Anastasio)
2016 NY Slip Op 50522(U) [51 Misc 3d 133(A)]
Decided on April 12, 2016
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 12, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Ling-Cohan, JJ.
571101/13

The People of the State of New York, Respondent,

against

Anastasio Morales, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Melissa C. Jackson, J., at plea; Erika M. Edwards, at sentencing), rendered October 7, 2013, convicting him, upon a plea of guilty, of unlicensed driving, and sentencing him to a fine of $200.

Per Curiam.

Judgment of conviction (Melissa C. Jackson, J., at plea; Erika M. Edwards, at sentencing), rendered October 7, 2013, affirmed.

We are unpersuaded that the bargained for sentence imposed in accordance with defendant's plea agreement, viz, payment of a $200 fine, was excessive. "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 nature of the felony offense originally charged and the absence of extraordinary circumstances, it cannot be said that the monetary 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: April 12, 2016