June 28, 2013
The PEOPLE of the State of New York, Respondent,
Joseph AWUAH, Defendant-Appellant. No. 570091/10.
This decision has been referenced in a table in the New York Supplement.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Melissa C. Jackson, J.), rendered November 12, 2009, convicting him, upon a plea of guilty, of offering a false instrument for filing in the second degree, and sentencing him to a fine of $750.
Present: HUNTER, JR., J.P., TORRES, SHULMAN, JJ.
Judgment of conviction (Melissa C. Jackson, J.), rendered November 12, 2009, affirmed.
Defendant seeks an " interest of justice" reduction in the bargained for sentence imposed in accordance with his plea agreement, viz., payment of a $750 fine. " 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. Fair, 33 A.D.3d 558, 558 , lv denied 8 N.Y.3d 945 , quoting People v. Chambers, 123 A.D.2d 270, 270  ). Given the nature of the felony offenses originally charged and the absence of extraordinary circumstances, it cannot be said that the monetary sentence was either harsh or excessive ( see People v. Higgins, 19 A.D.3d 877 , lv denied 5 N.Y.3d 828  ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.