People v. Reid (Joseph)

People v Reid (2022 NY Slip Op 50954(U)) [*1] People v Reid (Joseph) 2022 NY Slip Op 50954(U) [76 Misc 3d 136(A)] Decided on September 30, 2022 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 30, 2022 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT PRESENT: Brigantti, J.P., Tisch, Michael, JJ. 570791/18 The People of the State of New York, Respondent, against Joseph Reid, Defendant-Appellant. Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Joanne B. Watters, J.), rendered September 5, 2018, convicting him, upon a plea of guilty, of driving while intoxicated and unlicensed driving, and sentencing him, inter alia, to a fine of $875. Per Curiam. Judgment of conviction (Joanne B. Watters, J.), rendered September 5, 2018, affirmed. We are unpersuaded that the bargained-for sentence imposed upon defendant's conviction for driving while intoxicated (see Vehicle and Traffic Law § 1192[3]) and unlicensed driving (see Vehicle and Traffic Law § 509[1]), including the payment of a $875 fine, 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 negotiated plea and should not now "be heard to complain that he received what he bargained for" (id., quoting People v Chambers, 123 AD2d 270 [1986]). Although 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]). All concur THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Clerk of the Court Decision Date: September 30, 2022