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People v. Brito

Appellate Division of the Supreme Court of New York, First Department
Oct 26, 1989
154 A.D.2d 293 (N.Y. App. Div. 1989)

Opinion

October 26, 1989

Appeal from the Supreme Court, New York County (Thomas B. Galligan, 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; People v Bourne, 139 A.D.2d 210, lv denied 72 N.Y.2d 955.)

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., Kupferman, Carro, Kassal and Wallach, JJ.


Summaries of

People v. Brito

Appellate Division of the Supreme Court of New York, First Department
Oct 26, 1989
154 A.D.2d 293 (N.Y. App. Div. 1989)
Case details for

People v. Brito

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SILVESTRI BRITO, Also…

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

Date published: Oct 26, 1989

Citations

154 A.D.2d 293 (N.Y. App. Div. 1989)
546 N.Y.S.2d 370

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