People v Sanchez (Sandy)

[*1] People v Sanchez (Sandy) 2015 NY Slip Op 51344(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 This opinion is uncorrected and will not be published in the printed Official Reports.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.
570644/13

The People of the State of New York, Respondent,

against

Sandy Sanchez, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Melissa A. Crane, J. at plea; Ann E. Scherzer, J. at sentencing), rendered June 19, 2013, convicting her, upon a plea of guilty, of petit larceny, and sentencing her to three years probation.

Per Curiam.

Judgment of conviction (Melissa A. Crane, J. at plea; Ann E. Scherzer, J. at sentencing), rendered June 19, 2013, affirmed.

Defendant seeks an "interest of justice" reduction in the bargained for sentence imposed in accordance with her plea agreement, viz., a three year probationary term. "Ordinarily... where defendant effects a plea bargain and receives the precise sentence that was promised, [s]he should not later be heard to complain that [s]he received what [s]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]). Given the serious nature of the felony offense originally charged and the absence of extraordinary circumstances, it cannot be said that the probationary sentence imposed was either harsh or excessive (see People v Higgins, 19 AD3d 877 [2005], lv denied 5 NY3d 828 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concurI concur
Decision Date: September 18, 2015