Opinion
April 26, 1990
Appeal from the Supreme Court, New York County (Robert M. Haft, 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.) We find defendant's minimum sentence was not unconstitutional as applied to the facts of this case, and defendant's psychiatric history does not present a reason to reconsider the sentence imposed.
Concur — Murphy, P.J., Ross, Rosenberger, Kassal and Wallach, JJ.