People v. Veloz (Edward)

Appellate Terms of the Supreme Court of New York·Decided April 11, 2019·No. 2019 NYSlipOp 50533(U)·Published

Opinion



The People of the State of New York, Respondent,

against

Edward Veloz, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Steven J. Hornstein, J.), rendered July 29, 2016, convicting him, upon a plea of guilty, of aggravated driving while intoxicated per se, and sentencing him, inter alia, to a fine of $1,000.

Per Curiam.

Judgment of conviction (Steven J. Hornstein, J.), rendered July 29, 2016, affirmed.

We are unpersuaded that the bargained-for sentence imposed upon defendant's conviction for aggravated driving while intoxicated per se (see Vehicle and Traffic Law § 1192[2-a][a]), including the payment of a $1,000 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]). The 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, 270 [1986]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur
Decision Date: April 11, 2019

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People v. Veloz (Edward), (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)