People v. Roberts

May 25, 2016
2014-10476
Versions:139 A.D.3d 1092
30 N.Y.S.3d 829

Ordered that the judgment is modified, on the law, by vacating the provision of the sentence imposing a fine in the sum of $5,000; as so modified, the judgment is affirmed.

The County Court improperly enhanced the defendant‘s sentence with a fine that was not part of the negotiated plea agreement (see People v Legette, 131 AD3d 546, 547 [2015]; People v Rossetti, 55 AD3d 637 [2008]; People v Fulton, 238 AD2d 439, 440 [1997]; People v McKane, 227 AD2d 503, 504 [1996]). The sole relief requested by the defendant is vacatur of the provision of his sentence imposing a fine, and the People consent to that relief. Under the circumstances of this case, we deem it appropriate to vacate the provision of the defendant‘s sentence imposing a fine, so as to conform the sentence imposed to the promise made to the defendant in exchange for his plea of guilty (see People v Nilsen, 129 AD3d 994, 995 [2015]; People v Thompson, 105 AD3d 1067 [2013]; People v Esquivel, 100 AD3d 652, 653 [2012]; People v Bruno, 73 AD3d 941, 942 [2010]; see also People v Cote, 265 AD2d 681 [1999]). Eng, P.J., Hall, Sgroi and Duffy, JJ., concur.