People v Henriquez (Jose)

[*1] People v Henriquez (Jose) 2015 NY Slip Op 50156(U) Decided on February 25, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 25, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
570500/13

The People of the State of New York, Respondent, -

against

Jose Henriquez, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J. at plea; Kevin B. McGrath, Jr., J. at sentencing), rendered May 1, 2013, convicting him, upon a plea of guilty, of assault in the third degree, and sentencing him to three years of probation.

Per Curiam.

Judgment of conviction (Anthony J. Ferrara, J. at plea; Kevin B. McGrath, Jr., J. at sentencing), rendered May 1, 2013, affirmed.

We are unpersuaded that the probationary sentence imposed was unduly harsh or severe. Given what defense counsel now acknowledges to be the "serious" nature of the violent conduct underlying defendant's conviction for third degree assault, we 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]; People v Higgins, 19 AD3d 877, 877 [2005], lv denied 5 NY3d 828 [2005]). Further, defendant was sentenced in accordance with his plea bargain, and should not now "be heard to complain that he received what he bargained for" (People v Fair, 33 AD3d 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: February 25, 2015