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People v Figueroa (Emily)
2018 NY Slip Op 50903(U) [60 Misc 3d 126(A)]
Decided on June 15, 2018
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 15, 2018
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, P.J., Gonzalez, Cooper, JJ.
17-473

The People of the State of New York, Respondent,

against

Emily Figueroa, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Herbert J. Moses, J. at plea; Lyle E. Frank, J. at sentencing), rendered May 2, 2017, convicting her, upon a plea of guilty, of criminal possession of a forged instrument in the third degree, and sentencing her to three years probation.

Per Curiam.

Judgment of conviction (Herbert J. Moses, J. at plea; Lyle E. Frank, J. at sentencing), rendered May 2, 2017, affirmed.

We are unpersuaded that the probationary sentence imposed was unduly harsh or severe, and find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Fair, 33 AD3d 558 [2006], lv denied 8 NY3d 945 [2007]). Further, defendant was sentenced in accordance with her bargained-for plea and should not now "be heard to complain that [s]he received what [s]he bargained for" (id. at 558, quoting People v Chambers, 123 AD2d 270 [1986]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur


Decision Date: June 15, 2018