People v. Colon (Rafael)

People v Colon (2021 NY Slip Op 50370(U)) [*1] People v Colon (Rafael) 2021 NY Slip Op 50370(U) [71 Misc 3d 134(A)] Decided on April 27, 2021 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 27, 2021 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT PRESENT: McShan J.P., Brigantti, Hagler, JJ. 571210/18 The People of the State of New York, Respondent, against Rafael Colon, Defendant-Appellant. Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (George A. Grasso, J.), rendered October 29, 2018, convicting him, upon his plea of guilty, of driving while intoxicated, and sentencing him, inter alia, to three years' probation. Per Curiam. Judgment of conviction (George A. Grasso, J.), rendered October 29, 2018, affirmed. On this record, we are unpersuaded that the bargained-for sentence imposed was unduly harsh or severe and find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Fair, 33 AD3d 558 [2006], lv denied 8 NY3d 945 [2007]). 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 [1986]). All concur. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Clerk of the Court Decision Date: April 27, 2021