| People v Roberts |
| 2016 NY Slip Op 04078 [139 AD3d 1092] |
| May 25, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Robert Roberts, Appellant. |
Robert C. Mitchell, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Grazia DiVincenzo of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Braslow, J.), rendered September 12, 2014, convicting him of attempted strangulation inthe second degree and criminal possession of marijuana in the third degree, upon his pleaof guilty, and imposing a sentence which included a fine in the sum of $5,000.
Ordered that the judgment is modified, on the law, by vacating the provision of thesentence imposing a fine in the sum of $5,000; as so modified, the judgment isaffirmed.
The County Court improperly enhanced the defendant's sentence with a fine that wasnot part of the negotiated plea agreement (see People v Legette, 131 AD3d 546, 547 [2015]; People v Rossetti, 55 AD3d637 [2008]; People v Fulton, 238 AD2d 439, 440 [1997]; People vMcKane, 227 AD2d 503, 504 [1996]). The sole relief requested by the defendant isvacatur of the provision of his sentence imposing a fine, and the People consent to thatrelief. Under the circumstances of this case, we deem it appropriate to vacate theprovision of the defendant's sentence imposing a fine, so as to conform the sentenceimposed to the promise made to the defendant in exchange for his plea of guilty (see People v Nilsen, 129 AD3d994, 995 [2015]; People vThompson, 105 AD3d 1067 [2013]; People v Esquivel, 100 AD3d 652, 653 [2012]; People v Bruno, 73 AD3d941, 942 [2010]; see also People v Cote, 265 AD2d 681 [1999]). Eng, P.J.,Hall, Sgroi and Duffy, JJ., concur.