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Appellate Term, First Department:April 11, 2019

Appellate Term, First Department:April 11, 2019

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By: Shulman, P.J., Ling-Cohan, Edmead, JJ.18-308. THE PEOPLE OF THE STATE OF NEW YORK, res, v. JAMES CARTER, def-app — Appeal from judgment of conviction (Stephen Antignani, J.), rendered June 14, 2017, held in abeyance, and the matter remanded for further proceedings and to expand the record to determine whether defendant was the individual who pleaded guilty to the underlying jostling offense in 1987.Following a 1987 guilty plea to jostling and a failure to appear for sentencing, a bench warrant was issued for the named defendant more than two decades ago. The defendant now before us was brought into court in 2015 and 2017 on the warrant, but claimed that he is not the individual of the same name who was arrested and pleaded guilty to the underlying jostling offense. He argues, and the People now concede, that further proceedings are necessary to resolve the issue. We therefore remand, as indicated.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.April 11, 2019

By: Shulman, P.J., Ling-Cohan, Edmead, JJ.18-068. THE PEOPLE OF THE STATE OF NEW YORK, res, v. JOHANN GOMEZ, def-app — Judgment of conviction (Linda Poust Lopez, J.), rendered June 14, 2017, affirmed.We are unpersuaded that the probationary sentence imposed was unduly harsh or severe, and find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v. Fair, 33 AD3d 558 [2006], lv denied 8 NY3d 945 [2007]). Further, defendant was sentenced in accordance with his bargained-for plea and should not now “be heard to complain that he received what he bargained for” (id. at 558, quoting People v. Chambers, 123 AD2d 270, 270 [1986]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.April 11, 2019

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