People v Hickman (Sean)

[*1] People v Hickman (Sean) 2014 NY Slip Op 51647(U) Decided on November 21, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ.
571094/12

The People of the State of New York, Respondent,

against

Sean Hickman, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J. at plea; Lynn R. Kotler, J. at sentencing), rendered October 11, 2012, convicting him, upon a plea of guilty, of assault in the third degree, and sentencing him to three years of probation.

Per Curiam.

Judgment of conviction (Anthony J. Ferrara, J. at plea; Lynn R. Kotler, J. at sentencing), rendered October 11, 2012, affirmed.

Defendant seeks an "interest of justice" reduction in the bargained for probationary sentence imposed in accordance with his plea agreement. "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 probationary 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.

I concur I concur I concur
Decision Date: November 21, 2014