PEOPLE v. HERNANDEZ (2022)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Ricky HERNANDEZ, Defendant-Appellant.

570613 /17

Decided: December 15, 2022

PRESENT: Brigantti, J.P., Hagler, Tisch, JJ.

Judgment of conviction (Elizabeth N. Warin, J., at plea; Robert G. Seewald, J.H.O., at sentencing), rendered August 24, 2017, affirmed.

The court properly revoked its promise that defendant, who originally pleaded guilty to third-degree aggravated operation of a motor vehicle, would be permitted to replead to unlicensed driving, a violation. Even when defendant was afforded an extension of time to comply with the terms of the repleader agreement, he failed to do so and subsequently elected to be sentenced pursuant to his misdemeanor plea (see People v Roman, 264 AD2d 678 [1999], lv denied 94 NY2d 906 [2000]). We decline defendant's invitation to vacate the conviction, reduce the fine and resentence him to a violation in the interest of justice.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

All concur

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