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People v. Davila

Appellate Division of the Supreme Court of New York, First Department
Aug 16, 1990
164 A.D.2d 798 (N.Y. App. Div. 1990)

Opinion

August 16, 1990

Appeal from the Supreme Court, Bronx County (Lawrence Bernstein, 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 — Sullivan, J.P., Carro, Milonas, Ellerin and Wallach, JJ.


Summaries of

People v. Davila

Appellate Division of the Supreme Court of New York, First Department
Aug 16, 1990
164 A.D.2d 798 (N.Y. App. Div. 1990)
Case details for

People v. Davila

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS DAVILA…

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

Date published: Aug 16, 1990

Citations

164 A.D.2d 798 (N.Y. App. Div. 1990)