People v Taylor (Elder)

[*1] People v Taylor (Elder) 2014 NY Slip Op 50986(U) Decided on June 18, 2014 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 18, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., SOLOMON and ELLIOT, JJ.
2012-148 K CR

The People of the State of New York, Respondent,

against

Elder Taylor, Appellant.

Appeal, as limited by the brief, from a sentence of the Criminal Court of the City of New York, Kings County (William Miller, J.), imposed January 9, 2012, upon defendant's conviction of aggravated unlicensed operation of a motor vehicle in the third degree, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Defendant pleaded guilty to aggravated unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511 [1]) and received the agreed-upon sentence of a conditional discharge and a $250 fine. As the record does not indicate that extraordinary circumstances exist warranting a modification of the sentence in the interest of justice, or that the Criminal Court improvidently exercised its discretion by imposing a harsh sentence, particularly where the Criminal Court imposed the agreed-upon $250 fine, where the minimum fine that could be imposed was $200, and the maximum fine that could be imposed was $500 (see Vehicle and Traffic Law § 511 [1] [a], [b]; People v Cooper, 17 AD3d 380 [2005]; People v Smith, 201 AD2d 804, 805 [1994]; People v Hick, 30 Misc 3d 132[A], 2010 NY Slip Op 52353[U] [App Term, 9th & 10th Jud Dists 2010]; see also People v Delgado, 80 NY2d 780, 783 [1992]; People v Vega, 73 AD3d 1218, 1218-1219 [2010]; People v Torres, 69 AD3d 886, 887 [2010]; People v Suitte, 90 AD2d 80 [1982]; People v Barnes, 32 Misc 3d 134[A], 2011 NY Slip Op 51454[U] [App Term, 9th & 10th Dists 2011]), the sentence is affirmed.

Pesce, P.J., Solomon and Elliot, JJ., concur.

Decision Date: June 18, 2014