People v Morton (Jermain)

[*1] People v Morton (Jermain) 2014 NY Slip Op 51849(U) Decided on December 30, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 30, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
570847/12

The People of the State of New York, Respondent,

against

Jermain Morton, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Diana M. Boyar, J.), rendered July 16, 2012, convicting him, upon a plea of guilty, of criminal possession of a weapon in the fourth degree, and imposing a split sentence of incarceration and probation.

Per Curiam.

Judgment of conviction (Diana M. Boyar, J.), rendered July 16, 2012, affirmed.

We are unpersuaded that the probationary component of the sentence imposed was unduly harsh or severe. Given the underlying weapon possession charge and defendant's prior criminal history, we 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]; People v Sturdevant, 74 AD3d 1491, 1495, lv denied 15 NY3d 810 [2010]). 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" (People v Fair, 33 AD3d at 558, quoting People v Chambers, 123 AD2d 270, 270 [1986]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: December 30, 2014