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People v. Fernandez

Appellate Division of the Supreme Court of New York, First Department
Oct 11, 1990
166 A.D.2d 235 (N.Y. App. Div. 1990)

Opinion

October 11, 1990

Appeal from the Supreme Court, New York County (Berkman, 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 — Ross, J.P., Rosenberger, Ellerin, Wallach and Rubin, JJ.


Summaries of

People v. Fernandez

Appellate Division of the Supreme Court of New York, First Department
Oct 11, 1990
166 A.D.2d 235 (N.Y. App. Div. 1990)
Case details for

People v. Fernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL FERNANDEZ…

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

Date published: Oct 11, 1990

Citations

166 A.D.2d 235 (N.Y. App. Div. 1990)
562 N.Y.S.2d 399