People v. Wilson (Lamont)

• Court: Appellate Terms of the Supreme Court of New York
• Decided: January 14, 2019
• Docket: 2019 NYSlipOp 50023(U)
• Status: Published

Opinion

The People of the State of New York, Respondent,

against

Lamont Wilson, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ann E. Scherzer, J.), rendered September 23, 2016, convicting him, upon a plea of guilty, of aggravated unlicensed driving in the third degree, and sentencing him to a $500 fine.

Per Curiam.

Judgment of conviction (Ann E. Scherzer, J.), rendered September 23, 2016, affirmed.

We are unpersuaded that the bargained-for sentence imposed upon defendant's conviction for aggravated unlicensed driving - payment of a $500 fine - was unduly harsh or excessive, and find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Fair, 33 AD3d 558, 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]). 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]). Our disposition is without prejudice to such a motion being made by defendant.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: January 14, 2019