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People v. Birdsall

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 1990
167 A.D.2d 176 (N.Y. App. Div. 1990)

Opinion

November 13, 1990

Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, 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 his plea bargain and within statutory guidelines. "Having received the benefit of his 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 — Murphy, P.J., Carro, Kassal and Wallach, JJ.


Summaries of

People v. Birdsall

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 1990
167 A.D.2d 176 (N.Y. App. Div. 1990)
Case details for

People v. Birdsall

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG BIRDSALL…

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

Date published: Nov 13, 1990

Citations

167 A.D.2d 176 (N.Y. App. Div. 1990)
561 N.Y.S.2d 717