People v Thomas (Norman)

[*1] People v Thomas (Norman) 2017 NY Slip Op 51293(U) Decided on October 4, 2017 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 4, 2017
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Gonzalez, JJ.
570682/16

The People of the State of New York, Respondent,

against

Norman Thomas, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Mary V. Rosado, J.) rendered May 6, 2016, convicting him, upon a plea of guilty, of driving while intoxicated per se, and sentencing him, inter alia, to a fine of $1,000.

Per Curiam.

Judgment of conviction (Mary V. Rosado, J.), rendered May 6, 2016, affirmed.

We are unpersuaded that the bargained-for sentence imposed upon defendant's conviction for driving while intoxicated per se (see Vehicle and Traffic Law § 1192[2]), including payment of a $1,000 fine, was unduly harsh or excessive, and 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]). The defendant was sentenced in accordance with his bargained-for plea and should not now "be heard to complain that he received what he bargained for" (id. at 558, quoting People v Chambers, 123 AD2d 270, 270 [1986]). Although the defendant now claims that he is indigent, he never sought relief from the fine by way of a CPL § 420.10(5) motion for re-sentencing (see People v Toledo, 101 AD3d 571 [2012]), lv denied 21 NY3d 947 [2013]), and indeed, has paid the fine.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 04, 2017