PEOPLE v. GILLIARD (2025)

ORDERED that the sentence is affirmed.

Defendant, while represented by counsel, pleaded guilty to disorderly behavior in violation of Administrative Code § 10-179 (a) (7) for riding his bike on a sidewalk, obstructing pedestrian traffic. In accordance with the terms of the plea agreement, the court sentenced defendant to pay a $25 fine. On appeal, defendant contends that his sentence is excessive and that it should be reduced to $1 in the interest of justice.

As a general rule, a defendant who has been sentenced according to the terms of a bargained-for plea and sentencing agreement will not be heard to complain that the sentence was unduly harsh or excessive (see People v Galvez, 72 AD3d 838 [2010]; People v Ubiles, 59 AD3d 572 [2009]; People v Rowe, 74 Misc 3d 132[A], 2022 NY Slip Op 50152[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]). Under the circumstances presented, we find no basis to deviate from that rule. The sentence imposed did not constitute an abuse of sentencing discretion or a failure to observe sentencing principles, and defendant has not demonstrated the existence of mitigating or extraordinary circumstances warranting a modification of the sentence as a matter of discretion in the interest of justice (see People v Farrar, 52 NY2d 302 [1981]; People v Vega, 73 AD3d 1218 [2010]; People v Suitte, 90 AD2d 80 [1982]; People v Harvey, 83 Misc 3d 132[A], 2024 NY Slip Op 51167[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2024]; People v Cheme, 70 Misc 3d 129[A], 2020 NY Slip Op 51519[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]).

Accordingly, the sentence is affirmed.

TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.