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People v Hernandez (Ricky)
2022 NY Slip Op 51223(U) [77 Misc 3d 130(A)]
Decided on December 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 15, 2022
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Brigantti, J.P., Hagler, Tisch, JJ.
570613/17

The People of the State of New York, Respondent,

against

Ricky Hernandez, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Elizabeth N. Warin, J., at plea; Robert G. Seewald, J.H.O., at sentencing), rendered August 24, 2017, convicting him, upon a plea of guilty, of aggravated unlicensed operation of a motor vehicle in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Elizabeth N. Warin, J., at plea; Robert G. Seewald, J.H.O., at sentencing), rendered August 24, 2017, affirmed.

The court properly revoked its promise that defendant, who originally pleaded guilty to third-degree aggravated operation of a motor vehicle, would be permitted to replead to unlicensed driving, a violation. Even when defendant was afforded an extension of time to comply with the terms of the repleader agreement, he failed to do so and subsequently elected to be sentenced pursuant to his misdemeanor plea (see People v Roman, 264 AD2d 678 [1999], lv denied 94 NY2d 906 [2000]). We decline defendant's invitation to vacate the conviction, reduce the fine and resentence him to a violation in the interest of justice.

All concur

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Clerk of the Court