People v. Arias

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUZ ARIAS, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 7, 1991

171 A.D.2d 434 (N.Y. App. Div. 1991)

567 N.Y.S.2d 17

Opinion

March 7, 1991

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction", we perceive no abuse of discretion warranting a reduction in sentence. (People v Farrar, 52 N.Y.2d 302, 305.)

Further, defendant was sentenced in accordance with her plea bargain and within statutory guidelines. "Having received the benefit of [her] bargain, defendant should be bound by its terms." (People v Felman, 141 A.D.2d 889, 890, lv denied 72 N.Y.2d 918.)

Concur — Sullivan, J.P., Milonas, Ross, Asch and Kassal, JJ.