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People v. Aviles

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 1991
171 A.D.2d 539 (N.Y. App. Div. 1991)

Opinion

March 21, 1991

Appeal from the Supreme Court, Bronx County (Ira Globerman, 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 — Kupferman, J.P., Sullivan, Carro, Milonas and Smith, JJ.


Summaries of

People v. Aviles

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 1991
171 A.D.2d 539 (N.Y. App. Div. 1991)
Case details for

People v. Aviles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE AVILES, Appellant

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

Date published: Mar 21, 1991

Citations

171 A.D.2d 539 (N.Y. App. Div. 1991)
567 N.Y.S.2d 433