People v Archer (Marcus)

[*1] People v Archer (Marcus) 2015 NY Slip Op 51340(U) Decided on September 18, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 18, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570521/13

The People of the State of New York, Respondent,

against

Marcus Archer, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Lisa A. Sokoloff, J. at plea; Ann E. Scherzer, J. at sentencing), rendered May 23, 2013, convicting him, upon a plea of guilty, of criminal possession of a forged instrument in the third degree, and sentencing him to three years probation.

Per Curiam.

Judgment of conviction (Lisa A. Sokoloff, J. at plea; Ann E. Scherzer, J. at sentencing), rendered May 23, 2013, affirmed.

We are unpersuaded that the probationary 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, 558 [2006], lv denied 8 NY3d 945 [2007]). 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" (id. at 558, 824 NYS2d 12, quoting People v Chambers, 123 AD2d 270, 270 [1986]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: September 18, 2015