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People v Johnson (Desmond)
2010 NY Slip Op 51550(U) [28 Misc 3d 140(A)]
Decided on September 2, 2010
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 2, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Hunter, Jr., JJ
570778/09.

The People of the State of New York, Respondent,

against

Desmond Johnson, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Melissa C. Jackson, J.), rendered October 15, 2009, convicting him, upon a plea of guilty, of petit larceny, and sentencing him to a term of one year imprisonment.


Per Curiam.

Judgment of conviction (Melissa C. Jackson, J.), rendered October 15, 2009, affirmed.

The sentence imposed in connection with defendant's plea bargain was not unduly harsh or excessive. "Having received the benefit of his bargain, defendant should be bound by its terms" (People v Felman, 141 AD2d 889, 890 [1988], lv denied 72 NY2d 918 [1988]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: September 02, 2010