People v Awuah (Joseph)

[*1] People v Awuah (Joseph) 2013 NY Slip Op 51020(U) Decided on June 28, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 28, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Torres, Shulman, JJ
570091/10.

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

against

Joseph Awuah, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Melissa C. Jackson, J.), rendered November 12, 2009, convicting him, upon a plea of guilty, of offering a false instrument for filing in the second degree, and sentencing him to a fine of $750.

Per Curiam.

Judgment of conviction (Melissa C. Jackson, J.), rendered November 12, 2009, affirmed.

Defendant seeks an "interest of justice" reduction in the bargained for sentence imposed in accordance with his plea agreement, viz., payment of a $750 fine. "Ordinarily ... where defendant effects a plea bargain and receives the precise sentence that was promised, he should not later 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]). Given the nature of the felony offenses originally charged and the absence of extraordinary circumstances, it cannot be said that the monetary sentence 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.
Decision Date: June 28, 2013