People v. Bazelais (Nikenson)

Appellate Terms of the Supreme Court of New York·Decided October 15, 2019·No. 2019 NYSlipOp 51640(U)·Published

Opinion



The People of the State of New York, Respondent,

against

Nikenson Bazelais, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Linda Poust Lopez, J., at plea; Beth Beller, J., at sentencing), rendered November 2, 2018, convicting him, upon his plea of guilty, of harassment in the second degree, and sentencing him to a one year conditional discharge.

Per Curiam.

Judgment of conviction (Linda Poust Lopez, J., at plea; Beth Beller, J., at sentencing), rendered November 2, 2018, affirmed.

We are unpersuaded that the 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 his bargained for plea and should not now "be heard to complain that he received what 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
Decision Date: October 15, 2019

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People v. Bazelais (Nikenson), (N.Y. Ct. App. 2019).

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Related

People v. Fair
33 A.D.3d 558 (Appellate Division of the Supreme Court of New York, 2006)
People v. Chambers
123 A.D.2d 270 (Appellate Division of the Supreme Court of New York, 1986)