People v Bermudez (Ashley)

[*1] People v Bermudez (Ashley) 2013 NY Slip Op 51184(U) Decided on July 19, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 19, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Torres, JJ
570946/11.

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

against

Ashley Bermudez, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Frank P. Nervo, J., at plea; Jennifer G. Schecter, J., at sentencing), rendered November 30, 2011, convicting her, upon a plea of guilty, of petit larceny, and imposing sentence.

Per Curiam.

Judgment of conviction (Frank P. Nervo, J., at plea; Jennifer G. Schecter, J., at sentencing), rendered November 30, 2011, affirmed.

In view of the defendant's repeated failure to fulfill the condition of the plea agreement requiring her to perform six days of community service, the court was no longer bound by its original plea promise and could properly impose an enhanced sentence (see People v Figgins, 87 NY2d 840, 841 [1995]; People v Hubbard, 105 AD3d 760 [2013]). We perceive no basis for reducing the sentence. To the extent defendant impliedly challenges the validity of her plea, any such arguments are unpreserved and lacking in merit (see People v Alicea, 106 AD3d 619 [2013]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 19, 2013