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People v. Fernandez

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1991
170 A.D.2d 260 (N.Y. App. Div. 1991)

Opinion

February 14, 1991

Appeal from the Supreme Court, New York County (Alfred Kleiman, 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 — Carro, J.P., Ellerin, Ross, Asch and Kassal, JJ.


Summaries of

People v. Fernandez

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1991
170 A.D.2d 260 (N.Y. App. Div. 1991)
Case details for

People v. Fernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS FERNANDEZ…

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

Date published: Feb 14, 1991

Citations

170 A.D.2d 260 (N.Y. App. Div. 1991)