PEOPLE v. CRUZ (2019)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Carlos David CRUZ, Appellant.

2016-1498 Q CR

Decided: May 10, 2019

PRESENT: MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ.

New York City Legal Aid Society (Eve Kessler of counsel), for appellant. Queens County District Attorney (John M. Castellano, Johnnette Traill and Christopher Blira-Koessler of counsel), for respondent.

ORDERED that the sentence is affirmed.

On appeal, defendant seeks a reduction of the sentence that had been imposed in accordance with his plea agreement. “Ordinarily ․ where defendant effects a plea bargain and receives the precise sentence that was promised, he should not later be heard to complain that he received what he bargained for” (People v. Chambers, 123 AD2d 270, 270 [1986]; see also People v. Fair, 33 AD3d 558, 558 [2006]). Given the serious nature of the charged conduct and the absence of extraordinary circumstances, the sentence imposed was neither harsh nor excessive, and we decline to reduce it in the interest of justice (see People v. Higgins, 19 AD3d 877 [2005]).

Accordingly, the sentence is affirmed.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law