PEOPLE v. REID (2022)

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]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur