| People v Reid (Joseph) |
| 2022 NY Slip Op 50954(U) [76 Misc 3d 136(A)] |
| Decided on September 30, 2022 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Joanne B. Watters, J.), rendered September 5, 2018, convicting him, upon a plea of guilty, of driving while intoxicated and unlicensed driving, and sentencing him, inter alia, to a fine of $875.
Per Curiam.
Judgment of conviction (Joanne B. Watters, J.), rendered September 5, 2018, affirmed.
We are unpersuaded that the bargained-for sentence imposed upon defendant's conviction for driving while intoxicated (see Vehicle and Traffic Law § 1192[3]) and unlicensed driving (see Vehicle and Traffic Law § 509[1]), including the payment of a $875 fine, 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]). Defendant was sentenced in accordance with his negotiated plea and should not now "be heard to complain that he received what he bargained for" (id., quoting People v Chambers, 123 AD2d 270 [1986]). Although defendant now claims that he is indigent, he never sought relief from the fine by way of a CPL 420.10(5) motion for re-sentencing (see People v Toledo, 101 AD3d 571 [2012], lv denied 21 NY3d 947 [2013]).
All concur
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Clerk of the Court