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People v. Detomaso

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1023 (N.Y. App. Div. 1992)

Opinion

October 7, 1992

Appeal from the Onondaga County Court, Burke, J.

Present — Boomer, J.P., Green, Balio, Fallon and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The sentence imposed was neither unduly harsh nor excessive, and there was no abuse of discretion by the sentencing court that would support a modification of defendant's sentence (see, People v Farrar, 52 N.Y.2d 302, 305). The fact that defendant received a more severe sentence than his codefendants does not warrant a reduction of his sentence (see, People v Warden, 141 A.D.2d 913, 914). In imposing sentence, the sentencing court was entitled to consider the codefendants' extensive cooperation with the authorities and defendant's relative lack of cooperation (see, People v Merchant, 171 A.D.2d 887, 888; People v Warden, supra, at 914). Further, defendant was sentenced in accordance with his plea agreement. "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).


Summaries of

People v. Detomaso

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1023 (N.Y. App. Div. 1992)
Case details for

People v. Detomaso

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT DETOMASO…

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

Date published: Oct 7, 1992

Citations

186 A.D.2d 1023 (N.Y. App. Div. 1992)

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