Opinion
March 13, 1990
Appeal from the Supreme Court, New York County (George Roberts, J.).
We are unpersuaded that the sentence of imprisonment, imposed after a violation of probation, was unduly harsh or excessive. Taking into account, "the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction", as well as defendant's inability to abide by the conditions of his probation, we perceive no abuse of discretion warranting a reduction in sentence. (People v Farrar, 52 N.Y.2d 302, 305.)
Further, defendant was specifically informed by the plea court that if he violated the terms of probation, he "could then be brought back * * * and receive seven years in prison".
Concur — Murphy, P.J., Sullivan, Milonas, Kassal and Wallach, JJ.