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People v. Bermudez

Supreme Court of New York, First Department

July 19, 2013

The PEOPLE of the State of New York, Respondent,
v.
Ashley BERMUDEZ, Defendant-Appellant. No. 570946/11.

Editorial Note:

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 (Frank P. Nervo, J., at plea; Jennifer G. Schecter, J., at sentencing), rendered November 30, 2011, convicting her, upon a plea of guilty, of petit larceny, and imposing sentence.

Present: LOWE, III, P.J., SCHOENFELD, TORRES, JJ.

PER CURIAM.

Judgment of conviction (Frank P. Nervo, J., at plea; Jennifer G. Schecter, J., at sentencing), rendered November 30, 2011, affirmed.

In view of the defendant's repeated failure to fulfill the condition of the plea agreement requiring her to perform six days of community service, the court was no longer bound bye its original plea promise and could properly impose an enhanced sentence ( see People v. Figgins, 87 N.Y.2d 840, 841 [1995]; People v. Hubbard, 105 A.D.3d 760 [2013] ). We perceive no basis for reducing the sentence. To the extent defendant impliedly challenges the validity of her plea, any such arguments are unpreserved and lacking in merit ( see People v. Alicea, 106 A.D.3d 619 [2013] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


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