People v Sylver (Reginald)

[*1] People v Sylver (Reginald) 2015 NY Slip Op 50826(U) Decided on May 22, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 22, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570280/13

The People of the State of New York, Respondent,

against

Reginald Sylver, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Alexander M. Tisch, J., at plea; Erika M. Edwards, J., at sentencing), rendered March 5, 2013, convicting him, upon a plea of guilty, of criminal contempt in the second degree, and sentencing him to three years of probation.

Per Curiam.

Judgment of conviction (Alexander M. Tisch, J., at plea; Erika M. Edwards, J., at sentencing), rendered March 5, 2013, affirmed.

We are unpersuaded that the probationary sentence imposed was unduly harsh or severe. Taking into account, "among other things, the [offense] charged, the particular circumstances of the individual before the court and the purpose of a penal sanction," we perceive no abuse of discretion warranting a reduction in sentence (see People v Farrar, 52 NY2d 302, 305 [1981]). 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 558, 558 [2006], lv denied 8 NY3d 945 [2007], 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: May 22, 2015